Chapter 2

Division 2. Nonconformities

General Provisions

9182.01 Applicability.

The provisions of this Division shall regulate the continuation, termination and modification of development and/or uses which were lawfully established but which are no longer in conformance with the provisions of this Chapter due to changes in such provisions. A mere change in ownership or tenancy without any change in use, occupancy or development shall not affect any of the nonconforming rights, privileges and responsibilities provided under this Division.

9182.02 Changes and Alterations.

In connection with any development or use which involves a nonconformity, no change of use, expansion, addition, alteration, improvement, relocation on the same site or other changes shall be made unless the Director finds that at least one (1) of the following criteria is satisfied:

A. The change is required by other applicable laws.

B. The change is incident to the public acquisition of a portion of the site, no greater degree of nonconformity will be created other than that caused as a result of public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

C. The changed facilities and/or use are, in themselves, in conformance with the provisions of this Chapter.

D. The changes are limited to minor alterations, improvements, repairs or changes of use which do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use. Any new structure incidental to a use defined by CMC 9182.21 is deemed to be an expansion or intensification of the legal, nonconforming use and shall not be permitted unless subsection A of this Section applies. (Ord. 80-526, § 1)

No change or alteration made to any development or use shall be construed as authorizing an extension of any time limit for the termination of a nonconformity.

9182.03 Facilities Under Construction.

Nothing contained in this Chapter shall be deemed or construed to prevent the subsequent completion and use, in accordance with this Division, of any building or structure under construction before the effective date of this Chapter or any amendment thereto, provided:

A. That such construction or the proposed use of such building or structure is not at said effective date in violation of any other law or regulation.

B. That such building or structure is completed within:

1. One (1) year from said effective date if less than three (3) stories in height and not more than seventy thousand (70,000) square feet in gross floor area, except that one (1) additional month shall be permitted for each fifteen thousand (15,000) square feet in excess of said seventy thousand (70,000) square feet.

2. One and one-half (1-1/2) years from said effective date if three (3) but less than seven (7) stories in height and not more than one hundred thousand (100,000) square feet in gross floor area, except that one (1) additional month shall be permitted for each fifteen thousand (15,000) square feet in excess of said one hundred thousand (100,000) square feet.

3. Two (2) years from said effective date if seven (7) stories or more in height and not more than one hundred fifty thousand (150,000) square feet in gross floor area, except that one (1) additional month shall be permitted for each fifteen thousand (15,000) square feet in excess of said one hundred fifty thousand (150,000) square feet.

The Director may extend any of the above time limits for completion and use of a building or structure if he finds that reasonable progress toward completion is being made.

C. That such building or structure is constructed under authorization of a building permit issued prior to said effective date or issued pursuant to a vested right acquired prior to said effective date.

Any nonconformity existing in any building, structure or use completed in accordance with the provisions of this Section shall be subject to termination pursuant to this Division.

In the case of a grading permit issued for a development or use prior to the effective date of any provision of this Chapter which makes such development or use nonconforming, said grading permit shall be null and void unless a vested right has been acquired prior to said effective date.

9182.04 Repair of Accidental Damage.

A. A nonconforming building or structure which is accidentally damaged may be repaired provided the cost of the repairs does not exceed fifty (50) percent of the value of the repaired building or structure, said cost and value to be estimated by the Building Official. In the case of a building or structure which is necessary to the functioning of a complex of buildings and/or structures, the estimates of cost and values shall be for such interdependent complex as a whole. In the case of successive incidents of damage, the estimate of repair cost shall be for all uncompleted repairs following the most recent damage.

B. The repair of buildings or structures pursuant to this Section shall not be construed as authorizing an extension of any time limit for the termination of a nonconformity.

C. Repairs made pursuant to this Section shall be made in conformance with the current regulations of this Chapter to the maximum extent feasible, in the opinion of the Director, and shall fully comply with all other applicable laws and regulations. This provision shall not be construed to require a reduction in intensity of use from that existing prior to the damage. The degree of nonconformity shall not be increased under any circumstances.

9182.05 Extension of Nonconforming Privilege.

In accordance with the provisions of CMC 9172.25, the Commission may approve one (1) or more extensions of any time limit specified for termination of a nonconforming use or other nonconformity.

9182.06 Off-Site Relocation.

When a building or structure is relocated to another site it shall be made conforming in all respects with the provisions of this Chapter and all other applicable laws and regulations.

9182.07 No Reversion to Nonconformance.

When any nonconformity is eliminated or brought into conformance with current regulations, the nonconforming rights and privileges with respect to that nonconformity are thereupon terminated and may not be restored.

9182.08 Continuation of Nonconformities with a Nonconforming Use.

Whenever a nonconformity exists incidental to a nonconforming use, said nonconformity shall be terminated in accordance with the termination provisions of this Division, except such nonconformity may continue until the time specified for the termination of the nonconforming use if such nonconformity is brought into compliance with the regulations of the most restrictive zone wherein the use is permitted.

9182.09 Conversion of Residential Structures to Commercial Uses.

A. Mandatory Standards. The following standards shall be mandatory in connection with the conversion of residential structures to commercial uses in commercial zones:

1. All conversions are subject to site plan and design review pursuant to CMC 9172.23.

2. All conversions are required to comply with applicable Site Development Standards (Division 6 of Part 3 of this Chapter) and General Development Standards (Part 6 of this Chapter), including, but not limited to front yard setbacks (CMC 9136.23), side yard setbacks (CMC 9136.24), rear yard setbacks (CMC 9136.25), space between buildings (CMC 9136.27), encroachments (CMC 9136.29), fences, walls and hedges (CMC 9136.3), trash and recycling areas (CMC 9136.4), paving and drainage of vehicular areas (CMC 9162.0), required parking spaces (CMC 9162.21), and required landscaping (CMC 9162.52).

3. All conversions are subject to regulations established in the City Building Code.

4. All units on the subject property shall be converted to commercial uses.

5. Structures which do not conform in all respects to Zoning Ordinance and Building Code requirements are subject to CMC 9182.22 (Termination of Existing Nonconforming Use) of this Division.

B. Design Standards. The following design standards shall, to the extent feasible, apply to conversion of residential structures to commercial uses in commercial zones:

1. Architectural features and general improvements shall be compatible with those of newer commercial structures in the general vicinity.

2. The facade shall be repainted or restuccoed. Colors and facade treatments shall be compatible with those of newer commercial structures in the general vicinity.

3. Roof material shall be replaced with a material compatible with that of newer commercial structures in the general vicinity. A clay tile or concrete material is recommended.

4. Window and door treatments shall be compatible with design characteristics of newer commercial structures in the general vicinity.

5. Canvas awnings are recommended for all first floor storefront windows. Colors of awnings shall be compatible with the facade color of the structure and of newer commercial structures in the general vicinity.

6. Business signs shall be integrated with the building design as well as compatible with the design of newer commercial structures in the general vicinity. Pole signs are discouraged.

7. All existing and proposed landscaping shall be properly maintained, or replaced with landscaping of equal or greater prominence. Drought-tolerant landscaping and irrigation practices are recommended.

8. All ground floor level street facades shall include elements of pedestrian scale. (Added by Ord. 93-1021, § 3)

Site Nonconformities

9182.1 Site Nonconformity.

Any lawfully created lot which becomes nonconforming as to lot area, lot width, street frontage, or vehicular access requirements may continue indefinitely with such nonconformity and may be developed and used as if it were a conforming lot, except that a new or additional use shall not be developed on a lot which is nonconforming as to vehicular access. This Section shall not be construed as authorizing the establishment of a use for which special site requirements exist differing from the basic requirements of the zone unless the site meets such special requirements at the time such use is established. (Ord. 79-460, § 5)

9182.21 Nonconforming Use Eligible for Conditional Use Permit or Other Approval.

Any use lawfully established as an automatically permitted use which subsequently is designated as a use requiring a conditional use permit or other special approval shall be considered to be a nonconforming use until such time as a conditional use permit or other such special approval is granted.

In granting a conditional use permit or special approval for such use, conditions may be included which provide for either the continuation or termination of each nonconformity existing on the site. Such conditional use permit or other approval shall not authorize the creation of additional or expanded uses or facilities which are not in conformance with current regulations. Any extension of a nonconformity beyond the time limit otherwise required shall be subject to the criteria of CMC 9172.25(D).

This Section shall not apply to:

A. Those uses lawfully established on property prior to the designation of said property as ORL (Organic Refuse Landfill) and which would not be subject to the requirement of a conditional use permit except for such designation.

B. Mobile home, and trailer parks lawfully established on property in the residential and commercial zones prior to enactment of the conditional use permit requirement. (Ord. 78-449; Ord. 81-585, § 3)

C. Existing alcoholic beverage sales and service businesses lawfully established on property in the commercial and industrial zones prior to January 21, 1983. Notwithstanding the preceding, the provisions of this Section shall apply to each business that ceases to operate continuously without substantial change in mode or character of operation. Additionally, the provisions of this Section shall apply to each such business that does any of the following:

1. Knowingly allows, during three (3) or more months within any twenty-four (24) month period, a nuisance activity to occur within the premises or in close proximity to the premises. For purposes of this provision, “nuisance activity” refers exclusively to the following: disturbance of the peace, illegal drug activity, public drunkenness, public alcohol consumption, public urination, and excessive loud noise.

2. Allows the business license for such business to lapse for more than thirty (30) days after written notification of the lapse. The written notification shall be provided by either (a) hand delivery, receipt of which shall be acknowledged in writing, to the store operator at the business address; (b) certified mail, return receipt requested to both the business address and the address listed on the business license; or (c) other method offering equivalent proof of actual notice.

Any existing alcoholic beverage sales and service business that does any of the above shall, upon determination of the Planning Commission after a public hearing, be considered a nonconforming use until such time as a conditional use permit is granted. The Planning Commission shall make such determination by resolution, and shall specify in its resolution the grounds resulting in the nonconforming use designation. The Planning Commission’s determination may be appealed to the City Council in accordance with CMC 9173.4. Alcoholic beverage sales at each such business shall terminate no later than sixty (60) days from the date of the nonconforming use designation by the Planning Commission, or the date of the City Council’s decision on appeal if an appeal was timely filed and the nonconforming use designation was upheld, unless an application for a conditional use permit has been filed for the business. Each such business shall thereafter be operated in accordance with the terms of the approved conditional use permit or shall cease alcoholic beverage sales if the conditional use permit application is denied. (Ord. 78-449; Ord. 81-585, § 3; Ord. 82-621, § 5; Ord. 01-1231, § 3)

D. Reserved.

E. Existing multiple dwelling and planned unit developments lawfully established on property within multiple dwelling residential zones prior to September 20, 1984.

F. Existing, lawfully established residential uses located within a Mixed-Use (MU) District prior to the enactment of the conditional use permit requirement, except as provided in CMC 9182.1.

G. Lawfully established restaurants and service stations which received discretionary approval within the last five (5) years from the date of a zone change to the CA (Commercial, Automotive) Zone District.

H. Existing, lawfully established truck terminals prior to the enactment of the Conditional Use Permit requirement, as described in CMC 9182.27.

I. Existing, lawfully established automobile laundries located within the MU-CS zoning district prior to enactment of the conditional use permit requirement, except as provided in CMC 9182.1.

J. Existing, lawfully established caretaker’s residences that have received proper discretionary approval by the Planning Commission located in an industrial zoning district prior to enactment of the conditional use permit requirement, except as provided in CMC 9182.1.

K. Existing, lawfully established sale of diesel fuel or LPG located at an automobile service station that has been approved by the Planning Commission prior to enactment of the conditional use permit requirement, except as provided in CMC 9182.1. (Added by Ord. 84-700, § 6; Ord. 94-1039, § 16; Ord. 03-1279, § 25; Ord. 04-1308, § 7; Ord. 06-1363, § 9; Ord. 11-1479, § 16)

9182.22 Termination of Existing Nonconforming Use.

A lawfully established use which becomes a nonconforming use, including any buildings, structures or facilities designed or intended only for uses which are nonconforming, shall be terminated and such buildings, structures or facilities shall be removed or made conforming in all respects within the time period specified in subsection A or B of this Section, whichever is applicable and results in the later termination date.

A. The time period indicated in the following table measured from the date of becoming a nonconforming use:

Use	Allowable Life
Use of land without buildings or structures.	1 year
Use involving only buildings or structures which would not require a building permit to replace such buildings or structures (but not including a mobile home park).	3 years
Mobile home park; mobile homes on individual lots.	35 years
Use involving buildings or structures which would require a building permit to replace such buildings or structures.	20 years
Outdoor advertising use.	5 years
Trailer parks.	20 years
Producing oil wells, oil storage tanks.	20 years
Sale of convenience goods at automobile service stations within 300 feet of any school.	20 years
Arcades.	5 years
Existing indoor mini-marts, auction house.	10 months
Truck-related uses defined in CMC 9148.8 which require a conditional use permit.	1 year
Cargo container storage; provided, however, that effective February 5, 1988:	6 months
(1) No cargo container storage shall be permitted within fifty (50) feet of any residentially zoned property which involves any stacking more than one (1) container high;
(2) No cargo container storage shall be permitted within one hundred (100) feet of any residentially zoned property which involves any stacking more than two (2) containers high; and
(3) In no event shall any cargo container storage be permitted on any site which involves any stacking more than three (3) containers high.
Existing food/grocery stores in residential zones.	Expires December 31, 2003
Multiple-family residential uses located within a Mixed-Use (MU) District with ten (10) or more units (except existing mobile home parks), subject to CMC 9182.24.	2 years
Residential uses located within a Mixed-Use (MU) District with nine (9) units or less, subject to CMC 9182.24.	5 years
Adult business.	5 years
Massage service.	1 year
Tattoo service.	1 year
Wireless telecommunications facility, transmitter, receiver or repeater station – radio, television, microwave.	5 years
Vehicle repair and service located within the Commercial, Regional (CR) Zone, the Mixed-Use Residential (MUR) Overlay District and properties in all zones within one hundred (100) feet of residential zones, subject to CMC 9182.26.	5 years
Truck yard.	1 year
Alcoholic and beverage control (ABC) license, on-sale and off-sale only (subject to the requirements of CMC 9138.5).	3 years
Alcoholic and beverage control (ABC) license, on-sale and off-sale only with a conditional use permit shall be subject to the requirements of CMC 9138.5.	1 year
Transient hotels, motels with a conditional use permit shall be subject to the requirements of CMC 9138.19.	1 year
Payday loans.	3 years

B. The time period indicated in the following table measured from the date of construction of the most recently constructed main building or other major facilities which are designed or intended for the nonconforming use:

Structure Type According to Building Code*
Type of Structure*	Old Classification	New Classification	Use	Allowable Life
Light metal or wood frame	IV, V	II (1 -Hour) II-N, V	Nonresidential	25 years
Light metal or wood frame	IV, V	II (1-Hour) II-N, V	Residential except single-family dwellings	30 years
Light metal or wood frame	IV, V	II (1-Hour) II-N, V	Single-family dwellings	35 years
Heavy timber, masonry, concrete	II, III	II (Fire Resistive) III, IV	All	40 years
Fire resistive heavy steel and/or concrete	I	I	All	50 years

*Building Code classification shall take precedence over type of material in case of conflict.

(Ord. 2-79; Ord. 81-550, § 1; Ord. 84-679, § 2; Ord. 84-685, § 9; Ord. 86-763U, § 3; Ord. 87-813, § 5; Ord. 87-822, § 3; Ord. 92-982, § 3; Ord. 93-1024, § 1; Ord. 94-1035U, § 7; Ord. 94-1037, § 8; Ord. 94-1039, § 17; Ord. 03-1279, § 26; Ord. 03-1284, § 7; Ord. 03-1290, § 11; Ord. 04-1308, § 6; Ord. 04-1322, § 9; Ord. 06-1349, § 6; Ord. 06-1363, § 9; Ord. 09-1419, § 7; Ord. 22-2211, § 18)

9182.23 Discontinued Use.

When a nonconforming use has ceased to operate for a period of one (1) year, all nonconforming rights and privileges pertaining to such use shall be terminated. This Section shall not apply to any use for which a different period of discontinuance or abandonment is specified pursuant to other provisions of this Chapter.

9182.24 Continuation of Residential Use within a Mixed-Use (MU) District.

A. Existing, lawfully established multiple-family residential uses within a Mixed-Use (MU) District with ten (10) or more units per property (except existing mobile home parks) shall obtain the approval of a Development Plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review). An application for a Site Plan and Design Review shall be submitted in accordance with the provisions of this Section within a two (2) year period of the effective date of this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.

When approving a Development Plan, the Commission shall make findings regarding the adequacy of on-site parking and applicable site development standards contained in Part 6 of this Chapter. The Commission shall require, as a condition precedent to continued use of the property under the Development Plan, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical and Fire Code deficiencies. The Planning Commission may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

1. New or rehabilitated landscaping;

2. Exterior changes to promote compatibility of buildings and structures with surrounding development;

3. General repairs to vehicular maneuvering or parking areas;

4. Modifications designed to bring a structure more nearly into compliance with the applicable standards for multiple-family residential uses.

B. Existing, lawfully established multiple-family residential uses located within a Mixed-Use (MU) District with nine (9) or less units per property shall be allowed to continue indefinitely under existing ownership of the property, except that the provision of CMC 9182.22 shall apply if ownership of the property changes and the use shall be terminated if the property is occupied by structures declared substandard pursuant to Chapter 99 of the Building Code. For purposes of this Section, a change of ownership shall be defined by Sections 60 through 69.5 et sub. of the Revenue and Taxation Code of the State of California. (Added by Ord. 94-1039, § 15; Ord. 06-1363, § 9)

9182.25 Continuation of Churches, Temples or Other Places of Religious Worship Located within the CR (Commercial, Regional) Zone or MU-CS (Mixed-Use – Carson Street) Zone.

A. All existing churches which were lawfully established within the CR (Commercial, Regional) Zone shall be subject to the approval of a Development Plan by the Director of Community Development pursuant to CMC 9172.23 (Site Plan and Design Review) and CMC 9138.22 (Church Uses within the CR (Commercial, Regional) Zone). Existing churches, temples, or other places of worship lawfully established within, and prior to the adoption of the MU-CS (Mixed-Use – Carson Street) Zone shall be subject to the approval of a Site Plan and Design Review pursuant to CMC 9172.23 as determined by the Planning Commission. An application for a Site Plan and Design Review shall be submitted in accordance with the provisions of this Section within a one (1) year period of the effective date of the ordinance codified in this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.

B. When approving a Development Plan, the Director of Community Development shall make findings regarding the adequacy of on-site parking and applicable site development standards contained in Part 6 (General Development Standards) of this Chapter. The Director of Community Development shall require as a condition precedent to continued use of the property under the Development Plan, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical, and Fire Code deficiencies. The Director of Community Development may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

1. New or rehabilitated landscaping;

2. Exterior changes to promote compatibility of buildings and structures with the surrounding development;

3. General repairs to vehicular maneuvering or parking areas;

4. Modifications designed to bring a structure more nearly into compliance with the applicable standards for public assembly uses as per applicable Building and Safety Codes in effect at the time of application. (Ord. 97-1115, § 3; Ord. 09-1420, § 3)

9182.26 Continuation of Vehicle Repair and Service.

A. Existing lawfully established vehicle repair and service uses located within the CR (Commercial, Regional), MU (Mixed-Use) District and all zones within one hundred (100) feet of residential zones shall obtain a Conditional Use Permit by the Planning Commission pursuant to CMC 9172.21. An application for a Conditional Use Permit shall be submitted within a five (5) year period of the effective date of the ordinance codified in this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.

When approving a Conditional Use Permit, the Commission shall make findings regarding the adequacy of on-site parking and applicable development standards contained in CMC 9138.2. The Commission shall require, as a condition precedent to the continued use of the property under the Conditional Use Permit, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical and Fire Code deficiencies. The Commission may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

1. New or rehabilitated landscaping;

2. Exterior changes to promote compatibility of buildings and structures with surrounding development;

3. General repairs to vehicular maneuvering or parking areas;

4. Modifications designed to bring a structure more nearly into compliance with the applicable standards for commercial uses.

This section shall not validate any existing illegal vehicle repair and service facilities. (Ord. 04-1322, § 10; Ord. 06-1363, § 9)

9182.27 Continuation of Existing, Lawfully Established Truck Terminals.

Existing, lawfully established truck terminals, prior to the enactment of the Conditional Use Permit requirement, shall continue as legal, conforming uses pursuant to the existing provisions of the Carson Municipal Code, just as if the foregoing Code amendments had never been enacted. The City Council hereby finds that the only existing, lawfully established truck terminals, prior to the enactment of the Conditional Use Permit requirement, are as follows:

1. The land and improvements commonly known as 21300 S. Wilmington Avenue, Carson, California 90810 including, without limitation, the land known as Assessor Parcel Number 7316-023-033.

2. The land and improvements commonly known as 1101 E. Janis Street, Carson, California 90746 including, without limitation, the land known as Assessor Parcel Number 7319-032-004.

3. The land and improvements commonly known as 20805 S. Fordyce Avenue, Carson, California 90810 including, without limitation, the land known as Assessor Parcel Numbers 7318-015-019 and 7318-015-020. (Ord. 04-1308, § 8)

9182.28 Payday Loans.

Existing lawfully established payday loan facilities as of April 7, 2009, may continue to operate without complying with the conditional use permit requirements of CMC 9172.21. (Ord. 09-1419, § 8)

9182.29 Continuation of Legal Nonconforming Walls Located within an Industrial Zone.

A. Existing, lawfully established walls encroaching to a required front or side yard setback within an industrial zone shall obtain approval of a Development Plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review) if the properties are determined to no longer have nonconforming rights and privileges pertaining to the location of said walls. All such walls shall be reviewed and approved by the Planning Commission at a public hearing. If it is determined that the property can be brought into compliance with the setback requirements, either wholly or in part, such existing nonconforming wall shall be subject to abatement.

B. When approving a Development Plan, the Planning Commission shall make findings regarding the following:

1. The wall is in good condition and well maintained;

2. The wall is constructed of brick, stone or concrete block and determined to coordinate with the building to which it is associated and compatible with the existing or anticipated character of the area;

3. The wall is three and one-half (3-1/2) feet or higher;

4. The length of the existing wall is one hundred (100) feet or greater;

5. Physical conditions of the site or the operation conducted at the site make it difficult to meet the setback requirements; and

6. A landscape maintenance plan has been provided.

C. The Planning Commission may as a condition of approval require additional improvements to the property, the wall or any buildings or structures thereon to ensure that the site meets acceptable design standards to justify the retention of a portion of the legal, nonconforming wall. The Planning Commission shall include, but is not limited to, applying the following standards to the property:

1. Up to fifty (50) percent of existing nonconforming walls may remain subject to an approved development plan. Up to sixty-five (65) percent may be approved if there are extenuating circumstances. Minimum of thirty-five (35) to fifty (50) percent of the wall length shall meet the required setback by providing at least ten (10) feet of landscape area for the applicable front or side yard setback;

2. The remaining portion of the wall may be permitted to remain as a nonconforming wall in the existing location and shall cease to retain any nonconforming rights and privileges if subsequent development permits comply with applicable setback requirements;

3. Modifications may be required to bring the wall more nearly into compliance with the applicable standards for industrial zones, to find that the design of the wall is adequate and to address compatibility with the surrounding area; and

4. Landscaping for the front yard or side yard setback shall be provided and designed in a way to provide an attractive appearance and to screen any section of the wall that is located along the street or subject to potential graffiti. The landscaping shall be designed to complement the entire site design. Large shrubs (minimum fifteen (15) gallon) shall be used as part of the screening. Enhanced landscaping may include hardscape, pedestrian accommodations, ornamental fencing, public art, special monumentation at street corners, or other amenities as approved by the Planning Division. (Ord. 13-1518, § 2)

Density Nonconformities

9182.3 Repealed.

Repealed by Ord. 22-2211. (Ord. 03-1290, § 10; Ord. 14-1539, § 1)

9182.31 Nonconforming Residential Density for Sex Offenders.

A. A lawfully established temporary or permanent residence for a sex offender subject to the provisions of CMC 9122.9 and 9138.72 shall be permitted to continue indefinitely provided the residential dwelling unit is not occupied by more than one (1) sex offender, unless those persons are legally related by blood, marriage or adoption.

B. A lawfully established temporary or permanent residence for a sex offender subject to the provisions of CMC 9122.9 and 9138.72 which becomes nonconforming as a result of two (2) or more sex offenders, not legally related by blood, marriage or adoption, residing in the residential dwelling unit shall be made conforming within six (6) months from the effective date of the ordinance which results in the nonconformity. (Ord. 08-1413U, § 4; Ord. 08-1414U, § 3; Ord. 08-1413, § 4)

Site Development Nonconformities

9182.41 Nonconformity Requiring Capital Expenditure to Conform.

Lawfully established site development, improvements, buildings and/or structures which become nonconforming with respect to site development regulations, and which cannot be made conforming without incurring a capital expenditure or loss, either shall be made conforming or allowed to continue as indicated in the following table, unless otherwise provided in this Chapter. Any site development which is not listed herein, or for which there is no specified time period for conformance, shall conform within six (6) months from the effective date of the regulation or ordinance which results in the nonconformity (i.e., date of nonconformance).

Nonconformity		Requirement
A.	Building height, yard area, open space and/or encroachment therein. Wall, fence or hedge of excess height. Storage space.	Existing conditions allowed to continue indefinitely.
B.	Wall, fence (other than of excess height), screen enclosure or building enclosure.	Shall be provided in a conforming manner within 3 years from date of nonconformance, except:
		1. If Director finds an existing enclosure is available for transportable material or equipment, it shall conform within 60 days.
		2. When a wall is required along a zoning boundary, said wall shall be provided by a property owner if such property owner, or his predecessor in interest, was the applicant for the zone change which created the nonconformity, or, in other cases, by the abutting property owner who first makes other improvements on his property requiring a building permit with a valuation as determined by the Building Official of more than $5,000.
C.	Lot improvements of areas used for parking, loading, maneuvering, and/or storage of vehicles (includes paving, drainage, perimeter guards and lighting; excludes striping).	Shall conform within 6 months of the date of nonconformance.
D.	Lot layout, number and size of parking spaces, and landscaping of parking area (except parking for a dwelling).	Allowed to continue indefinitely, except that any expansion or intensification of use which requires additional parking space shall be required to provide only the parking space needed to serve the expansion or intensification of use.
E.	Nonconformity with respect to truck vehicle space specifications and/or maneuvering area standards (does not apply to lot improvements set forth in subsection C of this Section).	Allowed to continue indefinitely, except that any expansion of use shall require that all truck loading and maneuvering areas be made conforming to the extent feasible in the opinion of the Director.
F.	Parking for a dwelling, including number of spaces and type of enclosure.	Allowed to continue indefinitely.
G.	Striping or marking of vehicular parking spaces or stalls.	Allowed to continue indefinitely except that any resurfacing or alteration of an existing parking area which removes existing striping, shall be made conforming.
H.	Trash areas.	Shall conform within 1 year from the date of nonconformance.
I.	“A” frame signs, “sandwich” signs, portable signs, streamers, banners, pennants, etc.	Shall be removed within 60 days from the date of nonconformance.
J.	Temporary signs announcing termination or conversion of a use.	Shall be removed within 30 days from the date of nonconformance.
K.	Flashing, scintillating and revolving signs.	Shall be removed or converted to a conforming sign within 180 days from the date of nonconformance.
L.	Other signs.	Shall be removed or made conforming within 5 years from the date of nonconformance.
M.	Utilities.	Allowed to continue indefinitely, except that any replacement of an existing line shall be made in a conforming manner to the extent feasible in the opinion of the Director.

(Ord. 87-821, § 22; Ord. 92-967, § 1; Ord. 93-1012, § 1; Ord. 22-2211, § 20)

9182.42 Nonconformity Involving Only Noncapital Expenditure or Loss to Conform.

Unless otherwise specified, lawfully established facilities, operations or other circumstances which become nonconforming, but which can be made conforming without a capital expenditure or capital loss, shall be made conforming within one (1) year from the date of nonconformance.

9182.43 Nonconformity for Discount Stores.

Existing lawfully established discount stores may continue to operate indefinitely without complying with the provisions of CMC 9138.19. The existing stores may expand their floor area without complying with the provisions of CMC 9138.19. All expansions shall require a site plan and design review application to ensure upgrading the facade of the building(s), the signs, and the landscaping for the site. (Ord. 16-1603, § 4)

9182.44 Nonconformity for Convenience Stores.

Existing lawfully established convenience stores, including those associated with other businesses such as automobile service stations, may continue to operate indefinitely without complying with the provisions of CMC 9138.12 and 9138.14. Existing convenience stores including those associated with other businesses such as automobile service stations may expand their floor area without complying with the provisions of CMC 9138.12 and 9138.14. All expansions shall require a site plan and design review application to ensure upgrading the facade of the building(s), signage, and the landscaping for the site. (Ord. 16-1602, § 10)

9182.45 Nonconformity for Automobile Service Stations.

Existing lawfully established automobile service stations, including those associated with other businesses, may continue to operate indefinitely without complying with the provisions of CMC 9138.14. Existing automobile service stations including those associated with other businesses may expand their floor area without complying with the provisions of CMC 9138.14. All expansions shall require a site plan and design review application to ensure upgrading the facade of the building(s), signage, and the landscaping for the site. (Ord. 16-1602, § 11)

9182.46 Nonconformity for Use or Storage of Regulated Substances.

Any existing use that was lawfully established as a permitted use but which uses or stores hazardous materials or CalARP regulated substances (as such terms are defined in CMC 9141.1) in a manner that is designated as a prohibited use by CMC 9141.1 as amended by Ordinance No. 21-2120, is deemed nonconforming under this division if such an existing use fails to apply for and obtain a Director-approved permit under this Section within sixty (60) days of the date Ordinance No. 21-2120 goes into effect (“application deadline”). The Director-approved permit will allow such a use to continue to operate and become exempt from the nonconforming use regulations of the City’s zoning ordinance notwithstanding the regulations of CMC 9141.1 pertaining to CalARP regulated substances and hazardous materials without starting the clock on the applicable amortization period for the use to be terminated or made conforming, effectively freezing the running of the amortization period while the Director-approved permit is in effect. Put another way, the applicable amortization period for the use to be terminated or made conforming shall commence on the date of the missed application deadline. The Director-approved permit will be deemed effective as of the date of submission of the completed application, as determined by the Director. However, failure to timely submit a completed application will not preclude the existing use from later applying for and obtaining the Director-approved permit to avail the existing use of the exemption, provided a completed application is submitted before expiration of the applicable amortization period. Also, if the Director-approved permit ever lapses and the permittee does not timely reapply in conformance with this Section, the remaining amortization period will commence running from the date of the missed reapplication deadline. The applicable amortization period will freeze during all periods for which a Director-approved permit is in effect, inclusive of any permits issued on an aggregate basis pursuant to this Section. Applications for the Director permits must be submitted on a Director-approved application form for approval, must be accompanied by payment of an application fee in the amount determined by resolution of the City Council, and will require applicants to do the following:

(A) File a certification with City, concurrently with application submission, under penalty of perjury, (i) stating whether the applicant’s land use possesses or uses, or will possess or use, hazardous materials or CalARP regulated substances, and for what purpose, (ii) itemizing the specific types of hazardous materials or CalARP regulated substances that will or may be possessed or used, specifying the quantities (both then-current quantities and anticipated maximum quantities) that will or may be possessed or used at any given time, both on an itemized basis and cumulatively, and (iii) reporting any outstanding violations of State Unified Program regulations and the status of efforts or measures taken to correct same. If at any time any information specified in the certification becomes outdated or is no longer accurate, applicant must submit, within thirty (30) days after learning that the information is no longer accurate, an addendum to the application which includes and certifies the corrected/updated information; and

(B) Agree to allow a City inspector to (i) inspect the premises of the land use at least once per year for compliance with this code, including this Section and the Director-approved permit (including the most recent certification on file with the City for the use as of the date of the inspection), and (ii) submit reports of such inspection to the Certified Unified Program Agency having jurisdiction in the City (the Los Angeles County Fire Department, Health Hazardous Materials Division (CUPA)) when the inspector finds any suspected violations of CalARP or other State Unified Program regulations identified during the inspections.

The Director shall approve applications for Director-approved permits pursuant to this Section upon confirmation that they comply with subsections (A) and (B) of this Section, but if the applicant at any point fails or refuses to submit any required certification addendum or to submit to any of the annual inspections or reports, the Director-approved permit shall be deemed automatically lapsed without any City action or hearing needed, provided only that the Director notifies the applicant of the lapse in permit. If the permit lapses, the applicant may reapply for the permit by no later than sixty (60) days of receipt of the Director’s notice of lapse; however, the applicant or use shall be allowed to apply or reapply for a Director-approved permit pursuant to this Section a maximum of three (3) times. Notwithstanding anything else, if at any time the information contained in any application or addendum pursuant to this Section is determined by the Director to have been falsified or to be fraudulent, then upon notice from the Director, the applicant shall be automatically and permanently ineligible to receive any Director-approved permit pursuant to this Section, and any already-issued Director-approved permit pursuant to this Section shall automatically be deemed null and void effective retroactively as of the date of submission of the falsified or fraudulent application or addendum. (Ord. 21-2120 § 3(B))