Chapter 23.50
NONCONFORMITIES
Sections:
23.50.100 Illegal structures, signs, lots, uses and performance.
23.50.300 Nonconforming structures.
23.50.500 Nonconforming signs.
23.50.600 Nonconforming performance.
23.50.650 Conditional use permits.
23.50.800 Relation to previous actions.
23.50.010 Purpose.
Lawfully established structures, signs, lots, uses and performance characteristics of uses which, due to changes in law or regulation, do not comply with currently applicable requirements of this code and other city ordinances and regulations are nonconformities. Nonconformities negatively affect the compatibility, harmony and attractiveness of uses, structures, the quality of the environment and the orderly growth of a community. It is a general plan policy to relate the physical elements of the community in such a way that the overall environment is visually pleasing as well as functional and efficient. This policy is further refined in the general plan objective that design standards be established that create compatibility of different adjacent land uses and facilitate lasting quality development. Standards incorporated in the development standards, environmental performance standards, zones and area development plans protect and enhance environmental quality, provide for generous amounts of landscaping, and control architectural elements, signs, and storage areas. Recognizing that certain nonconformities create a greater degree of incompatibility and negative environmental impact than others, this chapter provides that certain nonconformities may be continued indefinitely, subject to certain conditions, whereas certain other nonconformities shall be abated if not made conforming or reasonably conforming within specified periods of time. It is the purpose of this chapter to provide regulations for the reasonable continuance, modification, and termination of nonconformities in order to promote compatibility of uses, improve environmental quality, and protect the public health, safety, and general welfare. Any nonconformity that has not been abated when required or otherwise fails to comply with the provisions of this chapter is a nuisance. (Ord. 418 § 1 (part), 1972)
23.50.100 Illegal structures, signs, lots, uses and performance.
The provisions of this chapter apply only to lawfully established nonconformities. Any structure, sign, lot, use, or performance characteristics of use established in violation of any city law in effect at the time of establishment, including the requirements imposed in connection with precise plans, conditional uses, variances, exceptions, building permits or other required permits or approvals, is an illegal use, performance, or improvement rather than a nonconformity. An illegal use, performance, or improvement is a nuisance and shall be abated by enforcement action as for any other violation of the municipal code. A conforming illegal use may become a legally established use at such time as a necessary permit or approval is obtained. A nonconforming illegal use may be permitted to continue for such a time and subject to such conditions as shall be determined by the planning commission after considering the nature of the use and the degree of friction or objectionableness caused by the use or improvement. A lot that is not of record is an illegal lot rather than a nonconforming lot, and an application for tentative tract or precise plan approval on such a lot shall not be accepted. (Ord. 418 § 1 (part), 1972)
23.50.200 Nonconforming lots.
A nonconforming lot is a lawfully created lot of record that does not conform to the currently applicable street frontage, width, depth, or area requirement of the city. A precise plan for development of a nonconforming lot shall not be approved unless:
(1) It conforms to all applicable laws and regulations governing land use in the city; and
(2) It is determined no feasible means of making said lot conforming to said laws and regulations by redesign of said lot and an adjacent lot in the same ownership, acquisition of an adjacent lot or portion of such lot, or other means. (Ord. 418 § 1 (part), 1972)
23.50.300 Nonconforming structures.
A nonconforming structure is a lawfully established structure that exists at the effective date of adoption or amendment of the ordinance codified in this section that could not be built under the terms of this code by reason of restrictions on area, lot coverage, parking, height, yards, construction standards, or other requirements concerning the structure:
(1) Nonconforming Structures. A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following:
(a) A nonconforming structure shall not be enlarged or altered in any way which increases its nonconformity,
(b) A nonconforming structure shall not be moved unless it shall thereafter conform to the regulations of the zone or area development plan within which it has been relocated,
(c) A nonconforming structure destroyed to the extent of fifty percent or more of its square footage at the time of its partial destruction shall conform to all city requirements for reconstruction, except as follows:
(i) Multiple-family dwellings or condominium projects which are totally or partially destroyed may be reconstructed to the original number of units and size of units. Such reconstruction shall be in accordance with the development standards of the zone in which the project is located, unless these economically or physically preclude the ability to attain the pre-existing density and size of units, wherein the standards shall be made reasonably conforming so as to attain such density and size of units. Any such reconstruction shall be made reasonably conforming for parking and landscaping,
(ii) Single-family dwellings which have been partially or totally destroyed may be reconstructed to their pre-existing setbacks and size of unit, provided there is no increase in the degree of nonconformity,
(iii) Any reconstruction permitted under this section for a nonconforming structure may be reconstructed to a degree of nonconformity no greater than previously existed,
(d) A nonconforming structure shall not be replaced by another nonconforming structure subsequent to removal,
(e) No provision of this section shall be construed to prevent:
(i) Ordinary repair or replacement of interior walls, fixtures, wiring, or plumbing, or
(ii) Reconstruction of a structure to make it fully comply with city requirements;
(2) Nonconformities Associated with Structures.
(a) Nonconformities associated with structures are lawfully established improvements or features, or lack of improvements or features, that are not in conformance with current city requirements, including but not limited to:
(i) Inadequate provision for such improvements as landscaping, parking, parking lot pavement, vehicle ingress and egress and connection to public sewer,
(ii) Inadequate screening of equipment, refuse collection areas, storage areas, and loading areas, and
(iii) Inadequate provision for such features as required building materials, colors and/or design;
(b) In order to realize the purposes of this chapter, nonconformities associated with structures shall be eliminated in a reasonable period of time. Any nonconformity associated with structures that may be made reasonably conforming at a cost of five thousand dollars or less, as determined by the director of community development, shall be made reasonably conforming within one year of the date of notice of nonconformity to the owner of record. The director of community development shall determine what constitutes reasonable conformity and shall be guided by an appraisal of city requirements in relation to the unique characteristics of a given property. Any nonconformity associated with structures that may be made reasonably conforming at a cost of more than five thousand dollars, as determined by the director of community development, shall be made reasonably conforming within a period of time to be determined by the planning commission, but in no instance shall the period of time be less than one year. The planning commission shall determine what constitutes reasonable conformity and shall be guided by an appraisal of city requirements in relation to the unique characteristics of a given property. When a nonconformity associated with a structure is made reasonably conforming as determined by either the director of community development or planning commission, as appropriate, such improvement or feature shall thereby be considered in conformance with city requirements. (Ord. 770 § 1 (part), 1996; Ord. 760 § 2, 1996: Ord. 418 § 1 (part), 1972)
23.50.400 Nonconforming uses.
A nonconforming use is a lawfully established use of land which is no longer in conformity with the uses permitted in the zone or development area in which the use is located. Nonconforming uses shall be permitted to continue indefinitely subject to the following exceptions and limitations:
(1) Conditions of Continued Use. All nonconforming uses shall conform to the following conditions of continued use:
(a) A nonconforming use shall not be increased in scope or enlarged in area;
(b) A nonconforming use shall not be relocated in whole or in part to any other lot or to a different location on a lot;
(c) Notwithstanding the foregoing, for the purpose of maintaining the economic viability of the use, the director of community development may permit minor improvements and alterations to the nonconforming use not involving a significant expansion of the use.
(2) Termination. A nonconforming use shall be terminated upon the occurrence of any one of the following:
(a) Discontinuance of a nonconforming use for a period of ninety calendar days or the establishment of a conforming use in place of a nonconforming use;
(b) A governmental agency with jurisdiction has made a determination that a structure associated with a use is unsafe or otherwise unsuitable for occupancy according to the building code, the health and safety code or any other applicable code or regulation and the owner fails to provide for adequate repair within 180 days of the notice from the government authority;
(c) A structure associated with a use is destroyed to the extent of fifty percent or more of its square footage at the time of its destruction;
(d) Failure to comply with the provisions of this chapter.
(3) Immediate Termination of Nonconforming Uses Constituting Public Nuisance. Notwithstanding the provisions of this section, any nonconforming use may be terminated where the use is carried on so as to be a public nuisance. (Ord. 770 § 1 (part), 1996; Ord. 760 § 3, 1996: Ord. 582 §§ 1—5, 1981; Ord. 418 § 1 (part), 1972)
23.50.500 Nonconforming signs.
(1) Elimination of nonconforming signs. With the exception of one sign installed despite city caution to the owner of impending ordinances that might require abatement, no internally illuminated pole sign has been installed in the city in approximately two years for any existing enterprise or new development, including the Los Cerritos Center. No billboard has been installed in approximately seven years. The majority of commercial and industrial development is yet to be developed and it is the intent of the provisions herein that the certain categories of particularly offensive nonconforming signs be subject to the abatement within specific periods of time in order to bring nonconforming signs into a relative degree of conformance with recent and future development. It is determined that certain nonconforming signs in the city cause less negative environmental impact than other types of nonconforming signs, and, therefore, shall be excepted from the provisions of this section. Signs in this category consist of those signs installed on a building that are nonconforming due to sign area or sign location on the building. All other nonconforming signs shall be removed or made conforming within the time period specified as follows, which period commences on the date of notification as provided for in Section 23.50.800:
(a) Signs which are not internally illuminated:
(i) Twenty-five square feet or less, six months,
(ii) Twenty-five square feet or more, one year;
(b) Signs which are internally illuminated:
(i) Twenty-five square feet or less, one year,
(ii) Twenty-five square feet to fifty square feet, two years,
(iii) Fifty square feet or more, three years;
(c) Billboard, three years.
(2) Notwithstanding other provisions of this chapter, the city shall require the abatement of the following signs and sign devices within the specified periods of time from date of notification:
(a) Signs painted directly on an exterior wall, fence, facia, or parapet, ninety days,
(b) Sign devices that cause a sign to rotate, move, flash, change, reflect, blink, or appear to do any of the foregoing, ninety days,
(c) Flags or pennants, ten days,
(d) Signs that identify or advertise a person, product, or business no longer located at the premises at which the sign is located, ten days,
(e) Temporary signs or portable signs, ten days,
(f) Signs that are lewd, indecent, or otherwise offensive to public morals, upon notification,
(g) Signs that cause a safety hazard, upon notification.
(3) Replacement or alteration of a nonconforming sign. A nonconforming sign may be replaced only by a conforming sign. Alteration of a nonconforming sign shall be permitted only to decrease or abate the nonconformity. Nothing in this section shall preclude repair for normal maintenance of a sign.
(4) Addition of signs to an occupancy with a nonconforming sign. No signs may be added to an occupancy with a nonconforming sign unless all signs associated with such occupancy are made conforming.
(5) Nothing in this chapter shall apply to subdivision signs, which signs are regulated under the provisions of Section 28.38.700. (Ord. 418 § 1 (part), 1972)
23.50.600 Nonconforming performance.
Any lawfully established operation not meeting the environmental performance standards and other performance standards established under this code is a use with a nonconforming performance. Any such nonconforming performance caused by one or more sources on a single parcel that may be abated at a total cost of less than five thousand dollars, as determined by the director of community development, by either removal, alteration, or repair of the structure, equipment, process, or material causing the nonconformity shall be considered a minor nonconforming performance and the nonconformity shall be abated within one year of the date of notification of nonconformity. The director of community development may waive or modify the required abatement of a minor nonconforming performance when undue hardship would be caused by a strict interpretation of the applicable standards. Any nonconforming performance that may be abated at a cost of greater than five thousand dollars, as determined by the director of community development, shall be considered a major nonconforming performance and such nonconformance shall be abated in a reasonable period of time to be determined by the planning commission following a public hearing. Notification of the hearing shall be provided to at least property owners and residents adjacent to the subject property according to the provisions of Section 20.93.400. In determining an appropriate period of continuance, the planning commission shall consider the nature of the use, the age and value of that part of the use causing the nonconformity, adverse effects on uses and property in the vicinity, and the purpose and intent of the development code and the general plan. (Ord. 770 § 1 (part), 1996; Ord. 760 § 4, 1996: Ord. 418 § 1 (part), 1972)
23.50.650 Conditional use permits.
Any use which is nonconforming for failure to have a valid and approved conditional use permit shall be required to process and receive approval of a conditional use permit or terminate such use upon the occurrence of any one of the following:
(1) Destruction of fifty percent or more of a structure’s square footage at the time of destruction;
(2) Enlargement or expansion of use, structure or property or other improvements to the property, other than those mandated by federal, state or county agencies in compliance with regulatory provisions;
(3) Change of tenant;
(4) Change of use. (Ord. 760 § 5, 1996)
23.50.700 Procedures.
The director of community development shall determine if a use, lot, structure, sign, or performance is in conformity with the provisions of the development code. If the director of community development determines that a lot, use, structure, sign, or performance is not in conformity with the development code and is subject to abatement if not made conforming or reasonably conforming, the property owner as determined by the last equalized assessment roll shall be notified by registered or certified mail of the following:
(a) The determination made and the date of hearing, if any;
(b) The regulations and restrictions of this chapter pertaining to such structure, lot, use, sign, or performance;
(c) Information concerning rights of appeal; and
(d) The provisions of Sections 1.08.020 and 1.08.030 regarding violations of any city ordinance. (Ord. 770 § 1 (part), 1996; Ord. 418 § 1 (part), 1972)
23.50.800 Relation to previous actions.
The provisions of this chapter shall apply to the continuation, alteration or abatement of nonconforming uses, structures, signs, lots, and performance regardless of any condition of use or period of continuance granted by the city or other governmental body under the provisions of an automatic variance or as part of an approval of a conditional use, zone exception, variance, permit, or other action. (Ord. 418 § 1 (part), 1972)