Hawthorne City Zoning Code
CHAPTER 17
38 NONCONFORMING USES, STRUCTURES, SIGNS, AND PARCELS
§ 17.38.010 Purpose, definition, interpretation, relationship to alcoholic beverage sale establishments and to conditional use permits.
A.
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 Section 17.04.010, and thus give no protection to any subject that was not lawfully established.
B.
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.
C.
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 the Hawthorne Municipal Code, including, without limitation: administrative remedies (Chapter 1.23); nuisance abatement (Chapter 8.20; Section 8.50.100); and revocation (Chapter 17.06).
D.
Alcoholic Beverage Sale Establishments. Notwithstanding the rule of interpretation set forth in Section 17.06.020(E) of this title, where any provision of Section 17.76.070 governing alcoholic beverage sale establishments conflicts with this chapter and the two cannot be reconciled, Section 17.76.070 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.
(Ord. 2012 § 11, 2012)
§ 17.38.020 Exemptions.
Nothing in this chapter shall require the discontinuance or removal of, or otherwise restrict any nonconformity within, the following categories:
A.
Land use, structure, sign, or parcel of land involving property owned or leased by the city.
B.
City-designated cultural or historic resource, California Historical Landmark, or subject listed in the California Register of Historical Resources, or the National Register.
C.
Conditional Use Permit in Effect. Except as provided by Section 17.06.110 (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.
(Ord. 2012 § 11, 2012)
§ 17.38.030 Nonconforming uses.
A.
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 17.38.050.
B.
Change to a Different Nonconforming Use. The director may consider and approve, or conditionally approve, subject to appeal per Chapter 17.06, 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:
1.
The degree of nonconformity will remain the same or be reduced;
2.
The proposed change creates no significant adverse environmental impact that cannot be mitigated;
3.
The proposed change will not adversely affect or be materially detrimental to adjoining properties and will not be more incompatible with the surrounding area.
C.
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 17.40. Any residential use in a nonresidential zone shall comply with the development standards identified by the director to be most compatible with the non-conforming residential on site use and evaluated for compliance during the review process.
D.
There shall be no expansion of a nonconforming use onto any additional lot.
E.
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.
(Ord. 2012 § 11, 2012; Ord. 2127 § 17, 2016)
§ 17.38.040 Nonconforming structures.
A.
A nonconforming structure may be maintained and continued, except as restricted by this chapter.
B.
Maintenance, repair, and incidental alteration of a nonconforming structure are permitted. Incidental alteration may include adaptation to new technology.
C.
Expansion or enlargement of a nonconforming structure shall be permitted only in one or more of the following circumstances:
1.
The degree of nonconformity is not increased;
2.
It is approved in conjunction with the expansion of a nonconforming use in accordance with Section 17.38.030(B);
3.
A nonconforming wireless telecommunications facility may be enlarged if a conditional use permit is first obtained in accordance with Chapter 17.40 and the planning commission finds that the request complies with the Wireless Telecommunication Policy Statement approved by the planning commission;
4.
It is required by law.
D.
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.
a.
Structures with legally nonconforming setbacks may be expanded.
b.
Structures with legally nonconforming height may be expanded.
c.
Structures with legally nonconforming lot coverage or floor area ratio shall not be expanded.
d.
Structures with legally nonconforming screening of roof-mounted equipment may be expanded; however, any alteration to the existing roof-mounted equipment shall comply with the provisions of this title.
e.
Unless otherwise provided in this code, a single-family residence developed with a nonconforming setback may be expanded, provided the following can be shown:
i.
The expansion is limited to a single-story structure.
ii.
The expansion that encroaches into the nonconforming setback is no more than two hundred square feet, or twenty-five percent of the existing dwelling excluding the garage, whichever is less.
iii.
The addition, including the roof, shall be compatible with the architecture and materials of the existing dwelling.
iv.
The addition does not create an adverse impact on adjacent property.
E.
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 and safety.
1.
The replacement structure may substantially recreate the building envelope of the original building, including floor area, footprint, and number of dwelling units, provided the structure is contained within the property boundaries.
2.
The replacement structure shall comply with all applicable provisions of the building code and this title at the time of reconstruction. Reasonable adjustments may be permitted to provide for increased safety and accessibility.
3.
The directors of the departments of planning and building and safety find that the replacement structure will not be detrimental or injurious to health, safety, or general welfare.
4.
An application for building permit is submitted within one year after the damage occurs, or an extension of this time period has been granted.
(Ord. 2012 § 11, 2012; Ord. 2127 § 18, 2016)
§ 17.38.050 Parking, loading and stacking facilities for nonconforming uses and structures.
A.
A building, use or occupancy lawfully established, but which does not conform to the latest off-street parking, loading or stacking requirements, may continue without providing such facilities.
B.
If an existing building is altered so that there is an increase in the number of bedrooms, dwelling units, seating capacity, or floor area, or if a use is changed to a use that requires more off-street parking, loading or stacking spaces, such spaces shall be required only for the increased floor area or use and shall comply with the latest standards.
C.
As set forth below, to exempt a building, use, or occupancy from the requirements of subsection B of this section, the planning commission may grant a conditional use permit, in accordance with the provisions of Chapter 17.40, when all of the following apply:
1.
The building or structure is in the C-2 (local commercial) zone;
2.
If the request involves a change of use, then the new use must be listed in Section 17.26.020; and
3.
All on-site parking, loading, and stacking spaces that served the subject site on at the time of the application for a conditional use permit shall continue to be available;
4.
Findings of Fact. In addition to the requirements of Chapter 17.40, to approve a conditional use permit under this section, the planning commission must find the following:
a.
Sufficient on-street parking, median parking, and/or public parking spaces within five hundred feet of the subject site, together with on-site parking spaces, are available to satisfy the standards otherwise required by subsection B of this section,
b.
The issuance of the conditional use permit will not negatively impact the security and welfare of the public nor adversely impact adjacent properties. The granting of a conditional use permit pursuant to this section shall constitute an individual determination pertaining to a particular project at a particular site, and shall not serve as a precedent for other cases.
(Ord. 2012 § 11, 2012)
§ 17.38.060 Nonconforming signs.
A.
A nonconforming sign may be continuously maintained and repaired.
B.
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.
C.
Termination by Voluntary Removal—Replacement. An on-premises or off-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.
(Ord. 2012 § 11, 2012; Ord. 2122 § 6, 2016)
§ 17.38.070 Nonconforming parcels.
A.
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 the Hawthorne Municipal Code. Any development or use of a nonconforming parcel shall comply with all other requirements of this title.
B.
Subdivision of a nonconforming parcel shall comply with state law and Title 16 of the Hawthorne Municipal Code. The boundaries of a nonconforming parcel may be changed by lot line adjustment only if the degree of non-conformity remains the same or is reduced.
(Ord. 2012 § 11, 2012)
§ 17.38.080 Abatement and termination of nonconforming uses, structures and signs by city.
A.
Notwithstanding any provision of this chapter, any nonconforming use, structure or sign 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.
1.
The subject is incompatible with its surroundings, or is detrimental to the use and enjoyment of other property, and cannot be modified to conform to the applicable zone district.
2.
Significant environmental effects of the nonconformity cannot be mitigated.
3.
The public health, safety, or general welfare is threatened by the continuation of the nonconformity.
4.
The condition or use of the property constitutes a public nuisance.
The planning commission shall adopt a resolution specifying the conditions and time periods by which the subject nonconformity must be discontinued, removed from the site, altered to conform, or altered to increase the degree of conformity. Time periods shall commence on the effective date of the resolution. |
B.
Notice, Hearing and Appeal. Notice of proceedings, hearings and appeals shall be conducted in accordance with the procedures set forth in Chapter 17.06.
C.
Abatement Period—Factors. The planning commission shall notify the property owner and direct the planning 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:
1.
Relevant characteristics of the nonconformity;
2.
If appropriate, an amortization schedule to provide for recovery of a reasonable percentage of the owner's investment;
3.
The time remaining on any lease that relies on the nonconformity;
4.
The salvage value and remaining useful life of the nonconformity;
5.
The public interest in eliminating, and the harm in continuing, the nonconformity, balanced against the private loss.
(Ord. 2012 § 11, 2012)