The purpose of this Chapter 19.37 is to set forth zoning provisions regulating nonconforming uses, structures, and lots within the city and to provide for the transition of all nonconforming uses, structures, and lots in such a way that the interest of the community in improving the health, safety, and welfare of all residents is achieved without creating an economic hardship for individual property owners.

(Ord. 544 § 1(part), 2000).

A.

The regulations in this Chapter 19.37 shall apply to all existing nonconforming uses, structures, and lots as defined in Chapter 19.45 (Definitions) of this Title 19, and to any use, building, structure, or lot made nonconforming upon adoption of this and subsequent ordinances.

B.

Whenever a use, structure, development standard, or lot becomes nonconforming because of a change of zone boundaries or a change of regulations for the zone in which it is located, the period of time prescribed in this chapter for the elimination of the use or compliance with development standards shall be computed from the date of the notice of the nonconformity following the effective date of the change of zone boundaries or regulations.

(Ord. 544 § 1(part), 2000).

A.

No existing use of land or structure shall be deemed nonconforming solely because of the lack of off-street parking required by this Chapter. See also Division 4 of this Chapter 19.37.

B.

No residential dwelling shall be deemed nonconforming solely because it does not meet required off-street parking or side yard setbacks; provided, it complies with the side yard setback requirements in effect at the time a building permit was issued for its construction.

C.

An existing use shall be deemed a "legal nonconforming use" if prior to its establishment, the required permits were obtained (for example, a building permit, conditional use permit, etc.).

D.

Structures and uses not having acquired the proper permits shall be considered illegal and shall be subject to immediate abatement pursuant to the provisions of Chapter 1.12 of the Commerce Municipal Code.

(Ord. 544 § 1(part), 2000).

A.

A legally established and existing nonconforming use or structure may continue to be used until such time it is required to be abated, as set forth in this Chapter 19.37; provided, no alterations, expansions, or modifications, or area or use are made, except as otherwise permitted by this chapter.

B.

Routine maintenance and repairs may be performed on a structure or site when the use is nonconforming, and on a nonconforming structure.

(Ord. 544 § 1(part), 2000).

Restrictions and conditions affecting nonconforming uses, structures, and lots shall apply to the existing use, building, and structures, and shall not be affected by ownership changes.

(Ord. 544 § 1(part), 2000).

A.

Whenever the use, maintenance, or continuation of nonconforming conditions or a nonconforming use is granted through the means of conditional use permit, variance, site plan review, extensions, expansions, or other approved changes, the same may be revoked by the planning commission whenever the planning commission finds:

1.

That the terms or conditions of any conditional use permit, variance, site plan review, extension, expansion, or other approval are being violated; or

2.

That the condition or use of the property constitutes a public nuisance; or

3.

That the health, safety, or general welfare of the surrounding property owners or residents is being threatened by the continuation of such nonconforming use or condition.

B.

The revocation process may be initiated by the order of the community development director in accordance with the provisions outlined in Division 6 (Abatement Proceedings) of this chapter.

(Ord. 544 § 1(part), 2000).

Any nonconforming use or structure continuing beyond the date for abatement set by the planning commission shall be deemed a public nuisance, subject to abatement thereof and prosecution either through civil or criminal action, pursuant to Chapter 1.12 of the City of Commerce Municipal Code.

(Ord. 544 § 1(part), 2000).

Nothing in this Chapter 19.37 pertaining to nonconforming uses, structures, and lots shall be construed or applied so as to require the termination or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, or rebuilding of public service and public utility buildings, structures, uses, equipment, and facilities; provided, that there is no change or increase of those areas to be used.

(Ord. 544 § 1(part), 2000).

A.

Exemption for Residential Uses. Nonconforming residential uses shall not be required to comply with this Chapter 19.37 nor to be completely removed for noncompliance. However, such use shall not be altered or expanded in any way so as to increase the nonconformity.

B.

Nonresidential Uses. Nonconforming nonresidential uses shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time period after which they are deemed nonconforming, as set forth in Table 19.37.100A.

Table 19.37.100A
Abatement of Nonconforming Uses

Abbreviations: sf=square feet

(Ord. 544 § 1(part), 2000).

No nonconforming use shall be changed to another nonconforming use.

(Ord. 544 § 1(part), 2000).

A.

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of eighteen months or more, the nonconforming use shall not be re-established, and the structure or site thereafter shall be used in conformity with the regulations for the zone in which it is located. The director of community development may grant one additional extension of six months if he or she determines that such extension is reasonable under the circumstances. Discontinuance of a use shall include cessation of the existing nonconforming use, regardless of intent to resume the nonconforming use.

B.

This Section 19.37.120 shall not apply to nonconforming dwelling units.

(Ord. 544 § 1(part), 2000).

(Ord. No. 639, § 1, 9-6-2011)

A.

A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

B.

A use which fails to meet the performance standards of the zone in which it is located shall not be enlarged or extended, nor shall it have equipment replaced that results in failure to meet performance standards.

(Ord. 544 § 1(part), 2000).

A.

Exemption for Residential Structures. Nonconforming residential structures used for residential purposes shall not be required to comply with this Chapter 19.37 nor to be completely removed for noncompliance. However, the number of dwelling units shall not be increased, nor shall such use be altered or expanded in any way so as to increase the nonconformity.

B.

Nonresidential Uses. Nonconforming structures shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time period after which they are deemed nonconforming, as set forth in Table 19.37.150A.

Table 19.37.150A
Abatement of Nonconforming Structures

Abbreviations: sf=square feet

(Ord. 544 § 1(part), 2000).

A.

A nonconforming structure shall not be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as otherwise provided in this Division 3.

B.

A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the development standards for front yards, side yards, rear yards, height of structures, or usable open space prescribed in the development standards for the zone in which the structure is located.

C.

A nonconforming structure shall not be moved or enlarged unless the new location or enlargement shall conform to the development standards or usable open space prescribed in the development standards for the zone in which the structure is located.

(Ord. 544 § 1(part), 2000).

A.

Whenever a structure that does not comply with the development standards prescribed for the zone in which the structure is located is destroyed by fire or other casualty or calamity, by act of God, or by the public enemy, to the extent of no more than fifty percent of its market value, repairs to the structure may be made; provided, that such repairs are initiated within one year from the date of damage; and further provided that the repairs are undertaken without periods of work stoppage.

B.

If the necessary repairs will equal more than fifty percent of the market value of the structure, the structure may not be restored except in full conformity with the development standards for the zone in which it is located.

(Ord. 544 § 1(part), 2000).

Nonconforming fences and walls shall not be enlarged or altered unless they are altered to conform to the applicable height or materials regulations specified in this Title 19.

(Ord. 544 § 1(part), 2000).

For any use or structure that does not comply with the off-street parking and/or loading requirements set forth in Chapter 19.21 (Off-street Parking and Loading) of this Title 19, such conditions may continue as long as such use continues as permitted. However, upon any change in land use, occupancy, or expansion of the use or structure, off-street parking and loading shall be provided for the entire use or structure in conformance with the requirements set forth in Chapter 19.21.

(Ord. 544 § 1(part), 2000).

A lot containing less than the required minimum area shall be combined with any adjacent lots under common ownership prior to the approval of any building permit for such lots. Such lots may be resubdivided into lots containing the required minimum area.

(Ord. 544 § 1(part), 2000).

If a lot contains less than seventy-five percent of the minimum required area, the existing use on that lot shall not be changed or allowed to increase in intensity of use.

(Ord. 544 § 1(part), 2000).

If, after dedication of a portion of lot for public use, the remaining area and dimensions are seventy-five percent or more of the minimum requirements, the lot shall be considered to have the minimum lot size.

(Ord. 544 § 1(part), 2000).

A.

The provisions of this Division 6 are established to set forth procedures for the abatement of uses, structures, fences and walls, signs, and antennas deemed to be nonconforming.

B.

The planning commission shall have the authority to take action to declare a use, structure, fence or wall, sign, or antenna to be nonconforming and to establish abatement procedures consistent with the provisions of this Chapter 19.37.

(Ord. 544 § 1(part), 2000).

A.

Upon determination by the community development director that the provisions in this Chapter 19.37 apply to a given parcel of land, the director shall send a notice regarding the parcel by a method guaranteeing certification of delivery to the owner of the parcel, as shown on the last equalized assessment roll. The director shall post the property with a similar notice. Should the certified notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed by regular first-class mail, with postage thereon fully paid, to the property owner shown on the last equalized assessment roll.

B.

The notice required in subsection A of this section shall state that the property in question is a nonconformity, shall state the date of abatement established in either Section 19.37.120 (Nonconforming uses—Abatement) or 19.37.150 (Nonconforming structures—Abatement), shall state that a hearing will be held before the planning commission, and shall state the date of such hearing.

C.

The absence of such notification shall affect or extend the termination date established by the provisions of this Title 19 or the provisions of previous zoning regulations.

(Ord. 544 § 1(part), 2000).

A.

Within thirty days after the issuance of the notice prescribed in Section 19.37.270 (Notice required), the planning commission shall hold a public hearing to determine whether the nonconformity should be abated or whether a time extension should be granted as provided for in Section 19.37.320 (Extension of time). Notice of the hearing shall be given to all property owners as required by Section 19.39.140 (Noticing) of this Title 19.

B.

The planning commission shall receive written and oral testimony at such hearing with regard to abatement or elimination of the nonconformity pursuant to the hearing procedures set forth in Section 19.39.170 (Hearing procedures) of this Title 19.

C.

At the close of the public hearing, the commission shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize his investment in the term for abatement provided in Sections 19.37.120 (Nonconforming uses—Abatement) and 19.37.150 (Nonconforming structures—Abatement), and if not, what term for abatement should be provided. The commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, included but not limited to the depreciation schedule attached to the owner's latest federal income tax return.

D.

The planning commission shall also find and determine whether the nonconformity can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose permitted by the zone district in which it is located.

(Ord. 544 § 1(part), 2000).

A.

The decision of the planning commission and the findings in support of the decision shall be in the form of a written order and shall be served to the property owner personally or by a method guaranteeing proof of delivery within ten days after the decision is rendered.

B.

Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity of the subject property requires a deviation from the development standards for the City of Commerce.

(Ord. 544 § 1(part), 2000).

The decision of the planning commission may be appealed to the city council pursuant to the provisions of Chapter 19.39, Division 4 (Appeals and Revocations) of this Title 19. Any appeal timely filed shall be set for hearing in accordance with Chapter 19.39, Division 4.

(Ord. 544 § 1(part), 2000).

After the conclusion of all appeals or, if no appeal is filed, after expiration of the appeal period, the city clerk shall cause notice of the decision to be recorded with the County Recorder of the County of Los Angeles. The notice shall consist of a notice of zoning violation.

(Ord. 544 § 1(part), 2000).

A.

In establishing the time periods for the termination of nonconforming uses and structures, it is recognized that there may be some uses or structures which entail a substantial investment in time and money and which require a greater period of time for amortization of the investment than that set forth in the time table. Any party may file a petition to the planning commission for an extension of time for the termination of nonconforming uses or structures. The planning commission shall direct the community development director to conduct a study of the specific use or structure and prepare a report recommending the appropriate time for termination of the use or structure.

B.

The planning commission, or the city council on appeal, at its discretion, may grant an extension of time for the abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

(Ord. 544 § 1(part), 2000).

If removal of a nonconforming structure or use is not performed within the termination period, the city shall have the authority to remove the nonconforming use or structure. Any cost of removal shall be charged to the property owner and collected directly or as a special assessment on the land.

(Ord. 544 § 1(part), 2000).