Inglewood City Zoning Code
ARTICLE 20
NONCONFORMING BUILDINGS AND USES
§ 12-60 Nonconforming Buildings and Uses.
(A) "Nonconforming use"
Definitions. "Nonconforming building" shall mean a building, or a portion thereof, which was lawfully erected or altered and maintained, but which became nonconforming upon the enactment of a subsequent zoning ordinance regarding such physical conditions as building type, yard setbacks, building separation, on-site parking, and the like.
shall mean a use which was lawfully established and maintained but which became nonconforming upon the enactment of a subsequent zoning ordinance and the use is thereby not permitted in the zone classification of the subject property.
(B)
All nonconforming buildings and uses may be continued and maintained notwithstanding their nonconformity with the regulations of this Chapter, subject however, to the following provisions:
(1)
Nonconforming Use of a Building. The nonconforming use of a building may be continued as long as the use is not expanded or extended within the building and provided no structural alterations except those required by law or ordinance are made therein except as provided in this Chapter.
(a)
A nonconforming residential building in a residential zone that has a nonconforming side yard or rear yard setback and that was constructed prior to August 30, 1968, may be enlarged, remodeled or structurally altered provided such enlargement, remodel or structural alteration itself conforms in all respects to the regulations specified by Article 26, 26.1 or 26.2 of this Chapter for the zone in which such building is located. Nonconforming buildings constructed on or after August 30, 1968, may be enlarged subject to regulations contained in Articles 26 or 26.1. Otherwise, it is unlawful to enlarge, extend or structurally alter any nonconforming building. For buildings constructed prior to August 30, 1968, where the structure is nonconforming for a side yard or rear yard property line setback only, a one-time expansion may be approved subject to regulations contained in Section 12-98.16, to allow the extension of the non-conforming linear setback no more than fifteen percent, or not more than fifteen feet, which ever is greater provided that no linear expansion shall be approved for a nonconforming building setback that is less than three feet. Any enlargement, remodel or structural alteration under this Section of the Code shall be limited to a one time approval under this Section for the full life of the building's use and required residential parking, Building Code regulations, Fire Code regulations, and all other applicable regulations that are referenced or inferred by this Chapter, shall be applicable. An addition that exceeds a one-time fifteen percent expansion, or more than fifteen feet for a linear expansion, shall be processed according to Section 12-60(B)(6) or other applicable Code section.
(b)
Any residential use located in a residential zone that may become nonconforming in the future based on enactment of any amendment to the Zoning Ordinance, may be enlarged, extended, or structurally altered provided that any such expansion shall not violate the provisions set forth in Section 12-60(B)(6).
(c)
If no such structural alterations are made, a nonconforming use of a nonconforming building may be changed to another use permitted in the same or more restricted classification. However, if a nonconforming use is vacated or discontinued for six months or longer, any future use of the building shall conform to the provisions of the zone in which it is located.
(2)
Change in Status of Nonconforming Use. If a nonconforming use is vacated or removed and is succeeded by another and more restrictive use, the heavier nonconforming use thereupon immediately loses any vested right to exist as such except as provided in this Chapter. If the substitute use is itself nonconforming, the degree of nonconformity may not be subsequently increased by changing to a less restricted use.
(3)
Reconstruction of Nonconforming Building. A nonconforming building destroyed by any natural or accidental cause to the extent of not more than seventy-five percent of its reasonable replacement value at the time of its destruction may be restored and the occupancy or use of such building or part thereof which, existed at the time of such partial destruction may be continued subject to all other provisions of the Article.
Exceptions:
(4)
Discontinuance of Nonconforming Use of Land. A nonconforming use of land where no structure is involved may be continued for a period not to exceed three years, provided:
(a)
No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property except as provided in this Chapter; and
(b)
If the nonconforming use of land existing at the time the ordinance codified in this Section takes effect is thereafter discontinued for six months or more, or changed, any future use of such land shall conform with the provisions of this Chapter.
(5)
Nonconforming Signs. Nonconforming signs shall comply with the provisions of the sign regulations of Article 23 of this Chapter.
(6)
Nonconforming Buildings Due to Inadequate Yards. Where a building or buildings are nonconforming only by reason of substandard yard setbacks or building separation, the provisions of this Section prohibiting structural alterations or enlargements shall not apply, provided:
(a)
An existing dwelling structure provides a minimum side yard setback of three feet and a minimum rear yard setback of five feet except when such structure is located within a subdivision specifically designed and approved for less side yard setback; and
(b)
Any structural alteration or enlargement to the nonconforming building shall provide the required yard setback; and
(c)
The enlargement does not increase the floor area of the structure to an amount greater than fifty percent of the gross floor area in the structure as it existed when it became nonconforming; and
(d)
All other requirements of this Chapter are complied with; and
(e)
An enlargement, remodel or alteration has not been approved under the Nonconforming Building Minor Modification Permit section of this Chapter.
(7)
Nonconforming Residential Use in "C" or "M" Zone. Notwithstanding the provisions of subsections (B)(3) and (B)(6) of this Section, a nonconforming residential building or use in any one of the "C" or "M" zones may be continued provided that no additions, enlargements or structural alterations are made thereto, and in no case shall there by any increase in the number of dwelling units permitted. If any such nonconforming residential building is removed or destroyed beyond fifty percent of its reasonable replacement value, every future use of land on which the building was located shall conform to the provisions of this location and the zone. Exception: required residential garages damaged or destroyed shall be reconstructed if the residential units are not destroyed or removed.
(8)
Replacement of Seismically Unsafe Buildings. In the event the Superintendent of Building and Safety of the City of Inglewood has given notice that a building must be structurally strengthened to satisfy minimum required seismic standards, the subject building may instead be demolished and replaced with a new structure of equal or less floor area without the provision of any additional off-street parking spaces to the number of previously existing parking spaces. If additional floor area is provided, a corresponding increase of off-street parking spaces for the additional floor area shall be provided.
(9)
None of the provisions of this Chapter shall be construed to restrict any authority to require modification or termination of any nonconformity which has been declared a nuisance by the City of Inglewood.
(Ord. 2466 1-31-84; Ord. 2534 4-15-86; Ord. 88-30 9-13-88; Ord. 94-09 4-26-94; Ord. 09-05 2-24-09)