Chapter 11.36
NONCONFORMING USES AND BUILDINGS*
Sections:
11.36.010 Intent.
11.36.020 Application.
11.36.030 Nonconforming use limits other uses.
11.36.040 Nonconforming use of land when no structure is involved.
11.36.050 Removal of nonconforming buildings or structures.
11.36.060 Change in status of nonconforming use.
11.36.065 Abandonment of nonconforming uses.
11.36.070 Reestablishment of a nonconforming use in the event of a disaster.
11.36.080 Repairs and maintenance.
11.36.090 Alterations and expansion permitted.
11.36.100 Abatement of nonconforming uses and structures.
* Prior ordinance history: Ordinances 824, 851, 1214 (repealed), 1309 (repealed) and 1538 (repealed).
11.36.010 Intent.
The intent of this section is to allow reasonable continuation of existing uses, buildings and structures which are nonconforming at the time of adoption of the ordinance codified in this chapter or of subsequent amendments to this chapter.
(Ord. 1747 § 1 (part), 8-25-87)
11.36.020 Application.
The provisions of this section shall apply to all legally constructed existing buildings, structures, and uses except for signs which are nonconforming at the time of adoption of the ordinance codified in this chapter as well as to those which become nonconforming due to subsequent amendments to the zoning map or regulations. This includes buildings, structures, and uses for which a variance or conditional use permit has been granted prior to the adoption of the ordinance codified in this chapter or subsequent amendments to this chapter.
(Ord. 1747 § 1 (part), 8-25-87)
11.36.030 Nonconforming use limits other uses.
When a nonconforming use exists on a lot, no additional use may be established thereon, even if such use would be a conforming use, unless the director of community development determines that the additional use would not cause or increase any adverse impacts on surrounding properties.
(Ord. 1747 § 1 (part), 8-25-87)
11.36.040 Nonconforming use of land when no structure is involved.
In any zone, the nonconforming use of land shall be abated within one (1) year of notification by the city planning commission and any future use of such land shall conform to the provisions of this title.
(Ord. 1747 § 1 (part), 8-25-87)
11.36.050 Removal of nonconforming buildings or structures.
If any nonconforming building is removed or destroyed, any new structures built on the land on which the nonconforming building was located shall conform to the provisions of this title. Destruction for this purpose is defined as damage to the extent of more than fifty (50%) percent of the replacement cost at the time of destruction. Where any nonconforming building or structure is damaged or partially destroyed by fire, explosion, other casualty or natural disaster, the same may be restored to the condition in which it existed immediately prior to the occurrence of such casualty. The restoration may not result in any greater degree of nonconformity than previously existed. The reconstruction shall meet all current requirements of the Uniform Building Code as adopted by the city of South Gate and shall be completed within one (1) year of the disaster.
(Ord. 1747 § 1 (part), 8-25-87)
11.36.060 Change in status of nonconforming use.
If a nonconforming use of a conforming or nonconforming building is vacated and succeeded by another and more restrictive use, it is evidence that the less conforming use was ended, and no less conforming use shall be permitted to reestablish at that location.
(Ord. 1747 § 1 (part), 8-25-87)
11.36.065 Abandonment of nonconforming uses.
Wherever a nonconforming use in a conforming building has been discontinued in an "R" zone for sixty days or in a "C" or "M" zone for one hundred twenty days, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations of the zone in which it is located. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use.
(Ord. 1785 § 1, 2-14-89)
11.36.070 Reestablishment of a nonconforming use in the event of a disaster.
If the structure or structures in which a nonconforming use is located are destroyed by fire, explosion, other casualty or natural disaster, the nonconforming use may be reestablished so long as the structure in which it is housed is reconstructed to the standards for such a use as set forth in this title, and so long as the reconstruction occurs within one (1) year of the date of the disaster. Destruction for this purpose is defined as damage to an extent of more than fifty (50%) percent of the replacement cost at the time of destruction.
(Ord. 1747 § 1 (part), 8-25-87)
11.36.080 Repairs and maintenance.
Minor repairs to and routine maintenance of property where nonconforming uses or structures exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than thirty (30%) of the appraised valuation of the structure to be renovated, may be done only in accordance with the provisions of this title and all requirements of the Uniform Building Code as adopted by the city of South Gate.
(Ord. 1747 § 1 (part), 8-25-87)
11.36.090 Alterations and expansion permitted.
The following alterations or expansions of a nonconforming building or use are permitted and may be granted by the director of community development:
(a) A one-time expansion of up to ten (10%) percent of existing floor space on commercial and industrial uses, provided that setback requirements, parking requirements, and other development standards which apply to the zone or use are met.
(b) A one-time expansion of up to ten (10%) percent of existing residential floor space, provided that development standards which apply to the zone or use are met, and that no new residential units are created.
(Ord. 1747 § 1 (part), 8-25-87)
11.36.100 Abatement of nonconforming uses and structures.
(a) Nonconforming uses and structures may continue so long as they comply with the requirements of city, county, state and federal law regarding their operations, and maintain the property (including all structures and landscaping) in a neat and orderly manner at all times. If these conditions are not met (as evidenced by three (3) written notices to the property owner to correct a problem or problems within one (1) calendar year), the city planning commission shall establish a formal abatement schedule for the use or the structure in question. The abatement schedule shall be:
(1) For "R" Zones: Not less than one (1) or more than five (5) years from the date that formal notice is given to the property owner; and
(2) For "C" Zones: Not less than one (1) or more than ten (10) years from the date that formal notice is given to the property owner; and
(3) For "M" Zones: Not less than one (1) or more than ten (10) years from the date that formal notice is given to the property owner.
(b) When establishing the abatement schedule, the city planning commission shall consider the type of construction, age, condition and extent of nonconformity of the structure or use in question. The commission shall, by formal resolution, establish the facts upon which the determination is made to require abatement, and shall formally notify the owner or lessee in writing of the commission’s decision and of the date by which such use or structure shall be made conforming.
(Ord. 1747 § 1 (part), 8-25-87)