Chapter 17.05
PRE-EXISTING LEGAL USES AND STRUCTURES

Sections:

17.05.010    Purpose.

17.05.020    Continuation and Maintenance.

17.05.030    Discontinuation of Pre-Existing Legal Use.

17.05.040    Restoration of a Damaged Structure.

17.05.050    Elimination of Pre-Existing Legal Uses and Structures.

17.05.060    Zoning Compliance Review.

17.05.010 Purpose.

This section is intended to allow for the continuation, maintenance, and limited expansion of uses and structures established in compliance with development codes in effect at the time of establishment of the use or structure but not in compliance with current development codes.

17.05.020 Continuation and Maintenance.

A.    A use legally occupying a structure or a site, as of the effective date of this code, that does not conform with the use regulations or the performance standards for the zone in which the use is located shall be deemed to be a pre-existing legal use and may be continued in perpetuity, except as otherwise provided in this section.

B.    A structure, legally occupying a site, as of the effective date of this code, that does not conform with the property development standards for required yards, height, coverage, distances between structures, or other standards for the zone in which the structure is located, shall be deemed to be a pre-existing legal structure and may be used and maintained in perpetuity, except as otherwise provided in this section.

C.    Routine maintenance and repairs may be performed on a structure or site, the use of which is pre-existing and legal.

D.    A structure which does not meet the property development standards of the zone in which it is located shall be permitted to expand up to the FAR permitted for that zone in the event that the Director of Community Development determines that the expansion will not increase the degree of nonconformity or adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources.

E.    A use which does not meet the performance standards of the zone in which it is located shall be permitted to expand in the event that the expansion does not increase the degree of nonconformity.

F.    A parking lot previously constructed with or without a surplus of parking over what was required at the time of approval of the development shall be subject to the parking provisions of Chapter 17.18 of this code for all new uses or structures. A parking lot shall only be considered to have a surplus of parking if it complies with the current parking provisions of Chapter 17.18 of this code.

G.    When interpreting setbacks for a residential use in a residential zone that are legal, nonconforming, new construction shall be permitted to maintain/continue the existing nonconformity, provided the structure does not further encroach into the existing setback area. Any further encroachment into the established setback shall be considered an increase in the degree of nonconformity and will be required to obtain the appropriate adjustment or variance entitlement. (Ord. 00-3, 2/8/00; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05; Ord. 08-13 § 2, 8/26/08)

17.05.030 Discontinuation of Pre-Existing Legal Use.

Whenever a pre-existing legal use, or use of a pre-existing legal structure, has been discontinued or changed to a conforming use for a continuous period of one hundred eighty (180) calendar days or more, the pre-existing legal use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use, unless the Director of Community Development is notified in writing of the intent to resume and has approved a schedule for resumption of said use. This provision shall not apply to multi-tenant buildings unless pre-existing legal uses occupying more than fifty (50) percent of the leasable space are discontinued or changed to a conforming use for a continuous period of one hundred eighty (180) calendar days or more. (Ord. 00-3, 2/8/00; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)

17.05.040 Restoration of a Damaged Structure.

A.    Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire or other calamity to the extent of fifty (50) percent or more, the structure may be restored and the pre-existing legal use may be resumed; provided, that restoration is started within two (2) years and diligently pursued to completion. The new structure may be restored to its original height or the maximum height permitted in the zone in which it is located, whichever is greater, and must be in full conformity with the parking, setback, and landscaping standards for that zone in effect at the time of re-establishment.

B.    The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the building code. In the case of a use with multiple structures, the damage ratio shall be determined by comparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use.

17.05.050 Elimination of Pre-Existing Legal Uses and Structures.

A.    Any unscreened outdoor storage (illegal under the provisions of the Los Angeles County Code) shall be screened in compliance with the provisions of this development code within one year of the effective date of this development code.

B.    With the exception of signage, uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but made pre-existing legal by this development code shall be allowed to continue and/or remain. Pre-existing legal signage shall be eliminated as follows:

1.    Signs as prohibited by Section 17.19.210, thirty (30) days.

2.    In the case of outdoor advertising signs or structures in residential or agricultural zones, and notwithstanding any contrary provision of this title, such signs and structures shall be discontinued and removed pursuant to and as allowed by California Business and Professions Code Sections 5412.1 and 5412.2 as follows:

Fair Market Value on Date of Notice of Removal Requirement

Years Allowed to Remain

Under $1,999

2

$2,000 to $3,999

3

$4,000 to $5,999

4

$6,000 to $7,999

5

$8,000 to $9,999

6

$10,000 and over

7

    The amounts provided in this section shall be adjusted each January 1st from and after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs.

3.    All other signs and sign structures, nine (9) years from November 13, 1990.

17.05.060 Zoning Compliance Review.

Uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director of Community Development, that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the structure was constructed or the use was initiated. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)