La Mirada City Zoning Code
ARTICLE IX
NONCONFORMITIES
Division V: Abatement/Extension of Nonconforming Uses/Structures
21.130.200 Purpose and intent.
21.130.210 Applicability/permit requirement.
21.130.220 Required findings.
21.130.230 Conditions.
Division VI: Miscellaneous Nonconforming Provisions
21.130.240 Nonconforming environmental effects.
21.130.250 Nonconformities not requiring capital expenditure or loss to conform.
21.130.260 Nonconformities regarding safety, access, and parking.
21.130.270 Nonconformities regarding fencing materials.
21.130.010 Intent and purpose.
Within the zoning districts established by this zoning ordinance or amendments that may later be adopted, there exists or will exist lots, structures, and uses of land and structures which were lawful before the adoption or amendment of this zoning ordinance, but which no longer comply. The intent of this article is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their survival. Such uses and structures are declared to be incompatible with permitted uses, structures, and standards in the zoning districts involved, and it is intended that they shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as may be expressly permitted in this article.
(Ord. 612 Exhibit A (part), 2008).
21.130.020 Establishment of legal nonconforming status.
(a) The provisions of this article shall regulate the continuation, termination, and modification of lots, structures, and uses which were lawfully established, but which no longer conform to the provisions of this title due to a change in zoning district boundaries or a change in the regulations for the zoning district in which it is located. A mere change in ownership or tenancy without any change in use, occupancy, or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this chapter.
(b) Lots, structures, and uses not having previously acquired proper permits are illegal and subject to immediate abatement.
(c) Any nonconforming situation that becomes specifically authorized under the terms of some approval pursuant to this title, other than approval of an extension, expansion, change, or early termination of nonconformity, shall henceforth be governed by the terms of such approval and shall no longer be considered to be a nonconformity unless and until such approval expires or is revoked.
(Ord. 612 Exhibit A (part), 2008).
21.130.030 Continuation and maintenance.
(a) Continuation. Except as otherwise provided herein, any lot, structure, or use legally in place on the effective date of this zoning ordinance may continue as a legal nonconforming lot, structure, or use, respectively. Likewise, any lot, structure, or use approved and exercised prior to the effective date of this zoning ordinance shall be permitted.
(b) Maintenance. Routine maintenance and repairs of lots and structures which do not increase the nonconformity may be performed.
(Ord. 612 Exhibit A (part), 2008).
21.130.040 Continuation of incidental nonconformity.
Notwithstanding any other provision of this article, when a nonconformity exists incidental to a nonconforming use, that nonconformity may continue until the time specified for the termination of the nonconforming use, provided such nonconformity is brought into compliance with the regulations that would be applicable to the use if it were located in the most restrictive zone which automatically permits such use.
(Ord. 612 Exhibit A (part), 2008).
21.130.050 Determination, extension, and abatement procedures.
(a) Purpose. This section sets forth provisions for the abatement of lots, structures, and uses deemed to be nonconforming and subject to abatement pursuant to the provisions of this article.
(b) Authority. The community development director shall be the designated approving authority for determining that a lot, structure, or use is nonconforming, and the planning commission shall be the designated approving authority for action on the abatement procedures and extensions of the nonconforming lots, structures, or uses.
(c) Notice and Hearing. Once the community development director has determined that a lot, structure, or use is nonconforming, the director shall provide required notice for hearing and action by the planning commission. The purpose of the hearing is to determine whether the nonconformity should be abated, given a specific term prior to abatement, or granted a time extension. Notice and hearing shall be performed and conducted pursuant to Chapter 21.86.
(d) Decision and Findings. 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. 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 city's development standards. Findings shall be made in writing and provided to the property owner within ten days after the decision is rendered.
(e) Appeal. Actions taken by the planning commission may be appealed to the city council in accordance with provisions of Chapter 21.88.
(f) Extension of Time. The approving authority, 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. 612 Exhibit A (part), 2008).
21.130.060 Revocation of nonconforming use or structure.
The city may revoke the right to continue a nonconforming use or structure. Revocation procedures, including notice and hearing, shall be in accordance with provisions of Chapter 21.92.
(Ord. 612 Exhibit A (part), 2008).
21.130.070 No reversion to nonconformance.
When any nonconformity is eliminated or brought into conformance with the current regulations of this title, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored.
(Ord. 612 Exhibit A (part), 2008).
21.130.080 Continuation of legal nonconforming lots.
Any lawfully created lot which becomes nonconforming with regard to lot area, street frontage, lot width, lot depth, or accessibility may continue indefinitely with such nonconformity and may be developed and used as if it were a conforming lot. However, any property proposed for development with multi-family dwellings shall be fully conforming as to lot area and lot width.
(Ord. 612 Exhibit A (part), 2008).
21.130.090 Modification of legal nonconforming lots.
Legal nonconforming lots may not be modified in any manner that increases the degree of nonconformity.
(Ord. 612 Exhibit A (part), 2008).
21.130.100 Continuation of legal nonconforming structure.
(a) Continuation of Structure. Any legally established nonconforming structure that does not conform to the provisions of this title with regard to maximum permitted height, minimum required setback, and/or maximum permitted encroachment into required yard areas may be continued indefinitely.
(b) Exceptions. The following are the exceptions to the indefinite continuation of a legal nonconforming structure:
(1) Residential structures. Any increase in the number of residential units for buildings designed and occupied for residential use.
(2) Nonresidential structures. Any nonresidential building, structure, or facility designed or intended only for uses which are nonconforming shall be removed, or the design and use thereof shall be made conforming in all respects within twenty-five years from the date of construction or the effective date of this zoning ordinance, whichever is later.
(3) Utilities. Any new or replacement utility/mechanical facilities, equipment, or construction shall conform to the maximum extent feasible, as determined by the community development director.
(4) Fences and landscaping. Any fences and landscaped buffers that are required along property lines shall be provided at the time of any expansion or intensification of a nonresidential use.
(5) Encroachments in commercial zoning districts. Within the commercial zoning districts, any nonconforming encroachment into required yards may be required to be removed or reduced upon review by the approving authority as follows:
(A) When an expansion in floor area which is greater than fifty percent of the existing floor area is proposed for any structure maintaining a nonconforming encroachment, or
(B) When an expansion in floor area is proposed anywhere within an integrated development which is greater than fifty percent of the total floor area of all structures within the integrated development.
(6) Outdoor storage and display. Trash areas or facilities, outdoor storage areas, and outdoor display areas shall be made fully conforming at the time of any expansion or intensification of use on the site.
(Ord. 612 Exhibit A (part), 2008).
21.130.110 Nonconforming signs.
The provisions contained in Section 21.76.120 of this title shall regulate nonconforming on-site and off-site signs.
(Ord. 612 Exhibit A (part), 2008).
21.130.120 Modification or expansion of legal nonconforming structure.
(a) A legal nonconforming structure shall not be modified in a manner that expands, extends, or enlarges the use in any manner beyond its existing scope upon the effective date of this zoning ordinance, except as follows:
(1) The modifications are, in and of themselves, in conformance with the provisions of this title.
(2) The modifications are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.
(3) The modifications are required by other laws.
(4) The modifications are incidental to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.
(b) No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.
(Ord. 612 Exhibit A (part), 2008).
21.130.130 Destruction of legal nonconforming structure.
(a) If at any time a legal nonconforming structure is destroyed by fire, act of God, or act of the public enemy to the extent that more than fifty percent of the assessed value of replacing the structure, such structure is subject to all current provisions of this title. Replacement costs are to be estimated by the building official. In the case of a structure that is necessary to the functioning of a complex of structures, the estimates of repairs and replacement costs shall be for such interdependent complex as a whole. In the case of successive incidents of damage, the estimate of repair cost shall be for all uncompleted repairs following the most recent damage.
(b) The repair of structures pursuant to this section shall not be construed as authorizing an extension of any time limit for the termination of a nonconformity.
(Ord. 612 Exhibit A (part), 2008).
21.130.140 Discontinuance of legal nonconforming structure.
If any legal nonconforming structure is abandoned or the use thereof discontinued for a period of one hundred eighty consecutive days or more, subsequent development of the land shall be in conformity with the provisions of this title. Maintenance of a valid business license shall of itself not be considered a continuation of the use.
(Ord. 612 Exhibit A (part), 2008).
21.130.150 Off-site relocation.
When a structure is relocated to another lot, it shall be made conforming in all respects with the provisions of this title and all other applicable laws and regulations.
(Ord. 612 Exhibit A (part), 2008).
21.130.160 Continuation of legal nonconforming use.
Except as otherwise listed below, a legal nonconforming use may continue indefinitely.
(1) Nonconforming commercial and industrial uses. Nonconforming commercial and industrial uses shall be terminated or made conforming as to use within ten years from the date on which the use was rendered nonconforming.
(2) Other nonconforming non-residential use. Other nonconforming non-residential uses shall be terminated or made conforming as to use within ten years from the date on which the use was rendered nonconforming.
(3) Nonconforming mobile home park. A mobile home park that is nonconforming as to use shall be terminated within twenty years from the date on which the use was rendered nonconforming.
(4) Nonconforming animal keeping. Any nonconforming animal keeping, whether a primary use or an accessory use, shall be terminated or made conforming within three years from the date on which the use was rendered nonconforming.
(Ord. 612 Exhibit A (part), 2008).
21.130.170 Nonconforming use eligible for conditional use permit or other approval.
Any nonconforming use that is eligible to be considered for a conditional use permit or other special use approval under this title shall be considered to be a nonconforming use unless and until such conditional use permit or other such special approval is granted.
(Ord. 612 Exhibit A (part), 2008).
21.130.180 Modifications and extensions to legal nonconforming uses.
(a) A legal nonconforming use shall not be modified in any manner that expands, extends, or enlarges the use beyond its existing scope upon the effective date of this zoning ordinance, except as specified below.
(1) The changes are, in and of themselves, in conformance with the provisions of this title.
(2) The changes are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.
(3) The changes are required by other laws.
(4) The changes are incident to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.
(b) No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.
(Ord. 612 Exhibit A (part), 2008).
21.130.190 Discontinuance of legal nonconforming use.
(a) If any legal nonconforming use is discontinued for a period of one hundred eighty consecutive days or more, subsequent development of the land shall be in conformity with the provisions of this title. Maintenance of a valid business license shall of itself not be considered a continuation of the use.
(b) This section shall not apply to any use for which a different period of discontinuance or abandonment is specified under other provisions of this title.
(Ord. 612 Exhibit A (part), 2008).
21.130.200 Purpose and intent.
The abatement/extension of nonconforming uses/structures process is established to provide a means by which to establish the period within which a nonconforming use or structure must comply with current regulations of this title, and to allow for the extension of such abatement period.
(Ord. 612 Exhibit A (part), 2008).
21.130.210 Applicability/permit requirement.
All uses and structures determined by the community development director to be nonconforming shall require a hearing before the planning commission to establish the appropriate abatement period. Abatement periods may be extended by the planning commission. Early termination of a nonconformity may be initiated by order of the planning commission or city council for public health, safety, and welfare purposes. Such actions shall be processed pursuant to standard procedures in this article and Chapter 21.130.
(Ord. 612 Exhibit A (part), 2008).
21.130.220 Required findings.
(a) Abatement. In establishing the amortization period for a nonconforming use and/or structure, the planning commission shall consider competent financial data such as the depreciation schedule attached to the owner's latest federal income tax return. 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 requires a deviation from the city's development standards.
(b) Extension. To grant an extension to the abatement period for a nonconformity, the planning commission shall find that an unreasonable hardship would otherwise be imposed on the property owner if such an extension were not granted.
(Ord. 612 Exhibit A (part), 2008).
21.130.230 Conditions.
The planning commission may impose conditions to ensure maintenance of an equitable balance of the public interest and the interests of the property owner.
(Ord. 612 Exhibit A (part), 2008).
21.130.240 Nonconforming environmental effects.
(a) Off-site Impacts. Any nonconformity with respect to environmental effects upon surrounding property (such as lighting or noise) shall be made conforming within two years after the date of becoming nonconforming.
(b) On-site Impacts. Any nonconformity with respect to an environmental effect upon the premises where the source of the effect is located may continue indefinitely.
(Ord. 612 Exhibit A (part), 2008).
21.130.250 Nonconformities not requiring capital expenditure or loss to conform.
Notwithstanding any other provision of this chapter, any nonconformity which can be made conforming without requiring that a capital expenditure be made or a capital loss incurred shall be made conforming within one hundred twenty days after the date of becoming nonconforming.
(Ord. 612 Exhibit A (part), 2008).
21.130.260 Nonconformities regarding safety, access, and parking.
(a) Clear Visibility Triangle. Nonconforming obstructions to the required clear visibility triangle, including landscaping, fencing, walls, signage, artwork, and similar features but specifically excluding except buildings, shall be removed or made conforming within five years after the date of becoming nonconforming.
(b) Access. Nonconforming driveways or other vehicular access arrangements may continue indefinitely, except that with any expansion or intensification of use, the access serving such expansion or intensification shall be made fully conforming.
(c) Parking or Loading Spaces. Any nonconformity with respect to parking or loading areas, spaces, or improvements may continue indefinitely, except that with any change, expansion, or intensification of use, the additional parking and loading areas and spaces required for such change, expansion, or intensification shall be fully conforming.
(d) Parking Lot Landscaping. Upon a review for any expansion, intensification, or reconfiguration of an existing parking lot, the designated approving authority may require that any nonconformity with respect to interior landscaping and landscaped yards along streets and alleys for parking lots be made conforming to the fullest extent feasible.
(Ord. 612 Exhibit A (part), 2008).
21.130.270 Nonconformities regarding fencing materials.
All legal nonconforming fencing materials shall be abated within five years of the date that such materials were rendered nonconforming. However, any legal nonconforming chain-link fencing in residential zones shall be subject to abatement within ten years of the date that such materials were rendered nonconforming.
(Ord. 612 Exhibit A (part), 2008).