Hawthorne City Zoning Code

This chapter regulates nonconforming land uses, buildings and other structures, signs, and parcels of land. More than one of these categories may apply to a situation. As used in this chapter, the adjective "nonconforming" and the nouns "nonconformity" and "nonconformities" all refer to the definition in Chapter 17.02, and thus give no protection to any subject that was not lawfully established.

The provisions of this chapter shall be construed and understood with a view to promote the purposes of this Title and to attain zoning conformance in accordance with the state and federal constitutions.

Nothing in this chapter shall limit the City's ability to enforce code compliance and pursue all legal remedies, criminal and civil, arising out of violations of this Code, including, without limitation: administrative remedies (Title 1, Chapter 1.23); nuisance abatement (Title 8, Chapter 8.20; Section 8.50.100); and revocation (Title 17, Chapter 17.03).

Alcoholic Beverage Sale Establishments. Notwithstanding the rule of interpretation set forth in Section 17.03.020E of this Title, where any provision of Section 17.34b.070 governing alcoholic beverage sale establishments conflicts with this chapter and the two cannot be reconciled, Section 17.34b.070 shall be considered as the more specific provision and an exception that controls over the conflicting general provision of this chapter, regardless of the sequence of adoption or degree of restrictiveness.

Land use, structure, sign, or parcel of land involving property owned or leased by the City.

City-designated cultural or historic resource, California Historical Landmark, or subject listed in the California Register of Historical Resources, or the National Register.

Conditional Use Permit in Effect. Except as provided by Section 17.03.110 (Revocation), a use that was authorized by a conditional use permit before being disallowed by an amendment to this Title shall be deemed a conforming use while the conditional use permit is in effect, and may continue in accordance with its terms and conditions, including any specified time limit.

A nonconforming use may be continued or changed to a substantially similar use, except as restricted by this chapter. Uses that otherwise conform but fall short of off-street parking, loading or stacking requirements are addressed in Section 17.13.050.

Change to a Different Nonconforming Use. The Director may consider and approve, or conditionally approve, subject to appeal per Chapter 17.03, a request to change a nonconforming use to a different nonconforming use that is not regulated by subsection A, upon making written findings that demonstrate the following facts and conditions:

A nonconforming use shall not be enlarged or expanded to occupy additional floor area or portion of the site, or to increase its intensity, including hours of operation, beyond what existed at the time the use became nonconforming, unless a conditional use permit is first obtained in accordance with Chapter 17.06b. Any residential use in a nonresidential zone shall comply with the development standards identified by the Director to be most compatible with the nonconforming residential on-site use and evaluated for compliance during the review process.

There shall be no expansion of a nonconforming use onto any additional lot.

Termination by Either Discontinuation or Abandonment. After a nonconforming use has ceased operation for two years, without regard to intent, any use of the same particular portion of the site shall comply with this Title.

A nonconforming structure may be maintained and continued, except as restricted by this chapter.

Maintenance, repair, and incidental alteration of a nonconforming structure are permitted. Incidental alteration may include adaptation to new technology.

Expansion or enlargement of a nonconforming structure shall be permitted only in one or more of the following circumstances:

Residential Buildings. A nonconforming residential structure located in a residential zone may be continued and expanded as follows, provided that the Planning Department determines that the new construction complies with the provisions of this Title and results in bringing the building closer to conformity.

Replacement Following Involuntary Damage or Destruction. A nonconforming structure that is damaged or destroyed by a calamity beyond the control of the property owner, such as fire, flood, earthquake, transportation collision, or act of the public enemy, may be rebuilt as follows. However, nothing in this section shall be construed to confer any right to continue an unsafe structure, or portion of structure, as determined by the Department of Building Safety.

Termination by Voluntary Destruction. After the voluntary destruction of a nonconforming structure, except as permitted by subsection B, any development of the site shall comply with this Title.

A use lawfully established, but which does not conform to the current off-street parking or loading requirements, may continue without providing such facilities.

If a new permitted use intends to replace an existing or former use with nonconforming parking, additional parking spaces shall be required only for the difference between the current required parking for the new use and the current required parking for the prior use.

If an existing building is altered so that there is an increase in the number of bedrooms, dwelling units, or floor area, additional parking spaces shall be required only for the increased floor area, units, or bedrooms.

A nonconforming sign may be continuously maintained and repaired.

Allowable Changes. The face or image of a nonconforming sign may be changed provided there is: (1) no increase to the sign area or dimensions; (2) no change in orientation or placement on the site; and (3) no removal of the supporting structure, such as poles or roof-mounted braces.

Termination by Voluntary Removal—Replacement. An on-premises sign structure that is voluntarily removed shall be replaced only with a sign structure that conforms to this Title. Any sign structure not used to display a sign or image for a period of two years shall be deemed voluntarily removed.

A parcel that does not comply with lot area, lot dimension, or street frontage provisions of this Title shall be considered a legal building site if the City has issued a certificate of compliance or conditional certificate of compliance in accordance with Title 16 of this Code. Any development or use of a nonconforming parcel shall comply with all other requirements of this Title.

Subdivision of a nonconforming parcel shall comply with state law and Title 16 of this Code. The boundaries of a nonconforming parcel may be changed by lot line adjustment only if the degree of nonconformity remains the same or is reduced.

Notwithstanding any provision of this chapter, any nonconformity may be abated or terminated by the City as set forth in this section, where the Planning Commission finds the presence of any of the following facts and conditions.

Notice, Hearing and Appeal. Notice of proceedings, hearings and appeals shall be conducted in accordance with the procedures set forth in Chapter 17.03.

Abatement Period—Factors. The Planning Commission shall notify the property owner and direct the Director to study the subject nonconformity and prepare a report recommending an appropriate time for abatement or termination. Except in cases of public nuisance, a termination date shall be no sooner than one year after the date of the final written determination. Any abatement period or termination date established shall be based on consideration of the following factors:

Enforcement. The City shall enforce this chapter in accordance with any method authorized by this Code.