Beverly Hills City Zoning Code
PART 3
NONCONFORMING USES
§ 3.1 Defined.
Nonconforming uses are those lawful uses of premises that do not conform with the requirements of this ordinance on the effective date of this ordinance or any governing amendment thereto.
(Ordinance 040412 adopted 4/12/04)
§ 3.101 Repairs and alterations.
Repairs and alterations may be made to an undamaged nonconforming building or structure, provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. No enlargement or extension of a nonconforming use shall take place except as the zoning board of adjustment may grant, as a special exception, an application to extend or enlarge a building occupied by a nonconforming use or of that portion of the lot occupied by such use provided such grant does not serve to prevent the return of such property to a conforming use.
(Ordinance 040412 adopted 4/12/04)
§ 3.102 Continuance of nonconforming use.
Except as this ordinance may otherwise require, any nonconforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the nonconforming use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such land area or floor area shall not be increased.
(Ordinance 040412 adopted 4/12/04)
§ 3.103 Registration of nonconforming use.
It shall be the right of the joint tenants and owners of a nonconforming use to register same by securing a certificate of occupancy as herein provided.
(Ordinance 040412 adopted 4/12/04)
§ 3.104 Changing a nonconforming use.
Any nonconforming use may be changed to a use conforming with the regulations herein established for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use. A nonconforming use shall not be changed to another nonconforming use.
(Ordinance 040412 adopted 4/12/04)
§ 3.105 Abandonment.
A.
A nonconforming use of any building or structure which has been abandoned shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered abandoned when:
(1)
It has been replaced with a conforming use; or
(2)
Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of 2 years, or the special equipment and furnishings peculiar to the nonconforming use have been removed within such 2 year period; or
B.
Where the enforcement of this section would impose an undue hardship on any property owner concerned, said property owner shall have the appeal an extension of 6 month; thereafter, for relief to the planning & zoning committee [sic], who after public hearing, shall have the right to grant an extension of time as required in this section; provided, however, that such extension of time shall not be granted if it would be adverse to the best interest and general welfare of the citizens of Beverly Hills.
C.
Non-conforming light industrial uses in the C District and M district may be rebuilt, reconstructed, structurally altered or enlarged if the enlargements do not total more than a fifty percent (50%) increase in cubical contents of buildings existing on the date of the passage of this ordinance.
D.
If a non-conforming commercial use is damaged or destroyed to an extent of more than sixty percent (60%) of its fair market value by a fire, explosion, act of God, or the public enemy, then any restoration must be for a permitted use.
E.
Where a premises in an R district was used for open storage, such uses must be discontinued and the stored material removed within two years after the effective date of this ordinance. Where such premises was used for signs and billboards, such uses must be discontinued and the signs and billboards removed within ten (10) years from the date such signs were erected, or five (5) years after effective date of this ordinance, whichever is longer.
Passage of this ordinance in no way legalizes any illegal uses existing at the time of its adoption.
(Ordinance 040412 adopted 4/12/04)
§ 3.106 Nonconforming lots.
Residential lots platted before the effective date of this ordinance shall not be considered nonconforming if not less than 6,000 square feet in area nor less than 60 feet in width.
(Ordinance 040412 adopted 4/12/04)