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La Verne City Zoning Code

CHAPTER 18

10 GENERAL PROVISIONS AND REGULATIONS

§ 18.10.010 Title.

The ordinance codified in this title shall be known as the "zoning ordinance of the city of La Verne."
(Ord. 903 § 2, 1997)

§ 18.10.020 Purpose and intent.

A. 
The purpose of this title is to designate and regulate, the best location, use and design of buildings, structures and land for residence, commerce, trade, industry, water conservation, environmental preservation, or other purposes in appropriate places and in accordance with the La Verne general plan; to regulate and determine the size of yards and other open spaces and the size, height, bulk and design of structures; and to regulate and limit the density of population, and for that purpose to divide the city into districts and zones of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement.
B. 
Further, such regulations are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion on streets; to protect the beauty, livability, economic viability, safety, charm, and existing character of the built and natural environment to facilitate adequate provisions for community utilities such as transportation, water, sewerage, schools, parks and other public requirements; and to promote the public health, safety and general welfare.
(Ord. 903 § 2, 1997)

§ 18.10.030 Continuation of existing regulations.

The provisions of this title, insofar as they are substantially the same as in the existing ordinance relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. The reenactment of these provisions shall not constitute validation of any use not conforming to the zone in which it is located.
(Ord. 903 § 2, 1997)

§ 18.10.040 Existing uses.

The lawfully existing use or uses of all buildings, structures, improvements and premises at the effective date of the ordinance codified in this title or upon the effective date of any change in the ordinance, may be continued although not conforming with the requirements for the zone in which they are located, as a nonconforming use, as defined and regulated in this title, if such existing use is not in violation of any other ordinance or law.
(Ord. 903 § 2, 1997)

§ 18.10.050 New construction and new uses.

A. 
All new construction, building, improvement, alteration or enlargement, movement undertaken after the effective date of the ordinance codified in this title, and all new uses or occupancy of premises within the city, shall conform with the requirements, character and conditions as to use, height and area laid down for each of these several zones or districts as described in this title.
B. 
No person, firm or corporation shall erect, construct, establish, move into, alter, enlarge or use, or cause or permit to be erected, constructed, established, moved into, altered, enlarged or used, any building, structure, improvement or use of premises located in any zone described in this title contrary to the provisions of this title.
(Ord. 903 § 2, 1997)

§ 18.10.060 Nonconforming uses, lots, and structures.

A. 
This section is intended to regulate the continuation, expansion, and abatement of structures, lots, and uses which originally were legally constructed, subdivided, or initiated but which are now nonconforming according to current codes because of subsequent changes in land use regulations or annexations.
B. 
Lawfully established nonconforming uses, structures, and lots may be continued, provided such nonconforming uses, structures, and lots are not in violation of any other ordinance or law. Nonconformities are provided for as follows:
1. 
Nonconforming Use of Land. A nonconforming use of land involving no building shall not be expanded but may be continued for a period not exceeding two years from the time that notice from the city council is sent; provided, however, discontinuance of such nonconforming use for a continuous period of four months shall be deemed to constitute abandonment of any nonconforming rights and any further use of the land shall be in conformity with the regulations for the zone in which the land is located.
2. 
Nonconforming Use of a Conforming Structure. A nonconforming use of a conforming structure may be continued; provided such nonconforming use shall not be expanded or extended into any other portion of the conforming structure. Discontinuance of a nonconforming use for a continuous period of six months shall be deemed to constitute abandonment of any nonconforming rights and any further use of the conforming building shall be in conformity with the regulations for the zone in which the conforming building is located.
3. 
Nonconforming Use of a Nonconforming Structure. A nonconforming use of a nonconforming structure may be continued for the fair amortization period of the nonconforming structure from the time that notice is sent from the city council; provided, however, that any discontinuance of a nonconforming use of a nonconforming building for a continuous period of six months shall be deemed to constitute abandonment of any nonconforming rights and any further use of the nonconforming building shall be in conformity with the regulations for the zone in which the nonconforming building is located.
4. 
Change of Nonconforming Use. A nonconforming use may be changed to a different nonconforming use only upon approval of a conditional use permit, and provided there is no new structure, and the use is not of greater intensity (e.g., traffic, noise, density, parking demand, odor, light), and the size, extent or degree of any existing nonconformity is not increased.
5. 
Alterations of Nonconforming Structures or Improvements Other than Single-Family Residences. A nonconforming structure or improvement (other than a single-family residence) in which a conforming use is located may be enlarged or reconstructed upon the approval of a conditional use permit in accordance with the provisions of Chapter 18.108. Alterations such as façade improvements, interior tenant improvements, interior reconfigurations and compliance with ADA and Title 24 accessibility provisions which do not increase the size, extent or degree of nonconformity shall be allowed without a conditional use permit. Elimination of required parking spaces to comply with accessibility requirements of state or federal law shall not constitute a nonconforming use or an enlargement of an existing nonconforming use.
6. 
Alterations of Nonconforming Residential Structures. A nonconforming residential structure located in a residential district may be altered or enlarged by precise plan in accordance with the provisions of Chapter 18.16, provided that the alteration or enlargement shall not increase the size, extent or degree of nonconformity.
7. 
Nonconforming Lot Development. A single nonconforming lot shall be developed to the standards of the zone in which it is placed. In the case of single ownership of two or more contiguous nonconforming lots, they shall be merged and lot lines redrawn, so that the resulting lot or lots conform or conform more closely to the standards of the applicable zone.
8. 
Restoration of Destroyed Nonconforming Structures and Uses. If any nonconforming structure or use is destroyed by fire, explosion, act of God, or the public enemy such that the cost of restoration or replacement exceeds fifty percent of the replacement cost of the entire structure or use, the replacement shall conform to current regulations; except in the case of a designated cultural landmark, which may be restored no matter what percent damage has been sustained. The building inspector shall determine the extent of destruction and costs of replacement. Reconstruction shall start within eighteen months from the date the damage occurred.
9. 
Conversion of Nonconforming Multiple-Family Buildings and Mobile Home Parks. A nonconforming multiple-family residential building may be converted into condominiums, community apartments, or a stock cooperative and a nonconforming mobile home park may be converted into a mobile home subdivision, cooperative or condominiums, subject to the conversion requirements of this title, commencing with Chapter 18.92.
10. 
Maintenance and Repairs. Maintenance and repairs are permitted provided they do not enlarge or increase a nonconforming use, structure or improvement.
C. 
The intent of this subsection C is to make it possible for owners of single-family homes to make additions to the first floor of their homes when the addition would be an extension of a legal/nonconforming setback. It is not intended to encourage excessively large additions that do not conform to other development standards. The provisions of this subsection C apply only to existing nonconforming setbacks on single-family homes in residential zones and specific plans that permit single-family residential uses and do not supersede or relieve a property owner from compliance with other development standards of the city of La Verne Municipal Code, specific plans, zoning, and other applicable ordinances and subdivisions requirements and resolutions.
1. 
Legal/Nonconforming Structures. Each single-family home in a residential zone or specific plan area with residential uses with an existing nonconforming dwelling unit or structure which otherwise meets current zoning requirements, may have first story additions placed at existing building setbacks subject to the following conditions:
a. 
The continuation of the existing nonconforming setback shall not result in the creation of or continuation of less than three-foot side yards.
b. 
Such expansion or change built to the existing legal/nonconforming setback shall be minimal and shall not be greater than of thirty percent of the length of the elevation with the nonconforming setback.
c. 
Continuation of an existing rear yard setback shall be permitted if the existing structure does not encroach any more than fifteen feet into the required rear yard setback.
d. 
Property owners shall only be allowed to make use of this provision on one setback, e.g., either a side yard setback or a rear yard setback, not both.
e. 
Property owners shall be permitted to make use of this provision only once and will not be permitted to extend existing nonconforming setbacks on other parts of the building or property at a later time.
f. 
The continuation of an existing nonconforming setback shall not create any new nonconformance in height, setback, or lot coverage.
g. 
The addition shall not reduce the required outdoor living area.
h. 
The continuation of an existing nonconforming setback shall not endanger public health or safety.
(Ord. 903 § 2, 1997; Ord. 970 § 3, 2003; Ord. 1068 § 1, 2016; Ord. 1073 § 1, 2016)

§ 18.10.065 Amortization and discontinuance of nonconforming massage establishments.

Notwithstanding any other provision of this code to the contrary, the following shall apply with respect to massage establishments legally existing as of June 1, 2015.
A. 
All massage establishments shall be required to obtain a conditional use permit no later than June 1, 2018.
1. 
Any massage establishment which had obtained a conditional use permit under the prior regulations (pre SB 731) need not obtain a new conditional use permit. The provisions of Chapter 5.40 shall take precedence over any condition of the conditional use permit to the contrary.
2. 
Any massage establishment that is located in a zone in which massage establishments are not allowed must cease operations at that location no later than June 1, 2018.
B. 
A nonconforming massage establishment use shall terminate if it is discontinued for a period of ninety consecutive days or if the massage establishment fails to timely apply for and obtain a conditional use permit. Notification of the termination shall be provided to the owner(s) of the business and the owner(s) of record of the property upon which a massage establishment is located, hereafter referred to as the "interested parties." Notice of the pending termination shall be provided in writing by the community development department, served by certified, return receipt, first class mail. Notification shall contain the following information:
1. 
The location of the nonconforming massage establishment, including street address and assessor's parcel number;
2. 
The section of this code requiring the termination;
3. 
The effective date of said termination; and
4. 
The process of appeal of said termination.
C. 
Any interested party may appeal the proposed termination of a nonconforming massage establishment pursuant to the following administrative procedure:
1. 
No later than three months prior to the expiration of the amortization period set forth in subsection A above, or within thirty calendar days of the notice of the termination set forth in subsection B above, the interested party may file a written appeal to the community development director. The request shall state all reasons, including, but not limited to, alleged abridgements of the appellant's constitutional rights, and why the termination should not be made effective on the date proposed.
2. 
Within thirty calendar days of service of said appeal the community development director shall meet with the interested party and/or representative to discuss the termination and the appeal. Notice of the meeting shall be provided to all interested parties and shall be given at least five calendar days before the meeting. No later than ten calendar days following the meeting the community development director shall provide written notice of his or her decision to all interested parties.
3. 
No later than fifteen days of service of said written decision by the community development director, any interested party may appeal the decision to the city council by submitting a written notification of the appeal to the city clerk and paying an appeal fee as established from time to time by resolution of the city council.
4. 
No later than forty-five days from the receipt of the appeal, the city clerk shall place the appeal on the city council's agenda and shall cause notice of said appeal to be published once.
5. 
The city council shall hear the appeal at a regular meeting of the council. Based on the merits of the case, the city council shall render a written decision with findings of fact and said decision shall be considered final. The city shall take no action toward termination of a nonconforming use, structure or lot pending any appeal action.
6. 
The person requesting the extension shall bear the burden of proof in establishing that the amortization period established by this section is unreasonable and that the requested extension is a reasonable amortization period. In determining whether to grant an extension, the following factors shall be considered:
a. 
The amount of investment in the business;
b. 
The present actual and depreciated value of business improvements;
c. 
The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalent;
d. 
The remaining useful life of the business improvements;
e. 
The remaining lease term;
f. 
The ability of a business and/or land owner to change the use to a conforming use;
g. 
The opportunity for relocation to a legally permissible site and the cost of relocation; and
h. 
The date upon which the property owner and/or business owner received notice of the nonconforming status of the massage establishment business and the amortization requirements.
7. 
Absent a timely appeal, the decision of the community development director, or the planning commission, shall be final and conclusive. The decision of the city council on appeal shall be final and conclusive unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.6.
(Ord. 1055 § 4, 2015; Ord. 1056 § 4, 2015)

§ 18.10.070 Classification of use.

When a proposed use is not specifically listed in this code, the following procedure shall be employed: The applicant shall complete a written request for a classification of use and pay a fee as determined by city council resolution. The development review committee shall hold a public administration hearing to determine whether the use is similar to and compatible with other permitted or conditional uses in the same zoning district, and whether the proposed use should be classified as a permitted or conditional use. Notice of the hearing shall be published at least ten days before the hearing. The development review committee decision may be appealed to the planning commission as set forth in Section 15.06.050 of this code.
(Ord. 903 § 2, 1997)

§ 18.10.080 Height regulations.

A. 
All buildings hereafter erected and existing buildings which may be reconstructed, altered, moved, or enlarged shall comply with the height regulations of the zone in which they may be located. Roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, church spires, chimneys, smoke-stacks, television antenna, or similar structures may be erected above the height limits subject to approval of a precise plan if permitted in the zone.
B. 
In all cases, structures exceeding established height limits shall be permitted only if they are in proportion to the structures on the site and adjacent properties, as determined in the precise plan review, and provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.
C. 
Flagpole height shall be proportionate to the height of adjacent buildings; in no case shall a flagpole exceed the building height standards of the zone in which it is located.
D. 
No roof structures or any space above the height limit shall be allowed for the purpose of providing additional living floor space.
(Ord. 903 § 2, 1997)

§ 18.10.090 Lot area.

General provisions relating to lot area are as follows:
A. 
All buildings hereafter erected and existing buildings which may be reconstructed, altered, moved, maintained or enlarged shall comply with the area regulations of the zone in which they may be located.
B. 
The lot area shall be that prescribed by this title and shall not be reduced, diminished or maintained so that the yards or open spaces are smaller than that prescribed by this title, and the density of population shall not be increased in any manner except in conformity with the area regulations of the zone in which the property is located.
C. 
Every building hereafter erected shall be located on a lot as defined in this title.
D. 
Every individual parcel of land existing on the effective date of the ordinance codified in this title shall be deemed one lot until the parcel of land is divided into two or more lots in accordance with regulations and procedures for the creation of additional lots.
(Ord. 903 § 2, 1997)

§ 18.10.100 Yards.

A. 
The required open spaces around a building shall not be considered the yard space for another building unless specifically provided in an adopted agreement or plan.
B. 
In the case of a through lot, front yard setbacks shall be required on both streets, and no building shall be permitted to be located within the front yard setback.
C. 
In computing the depth of a rear yard where such rear yard opens onto an alley, one-half of such alley shall be included in computing the required rear yard.
(Ord. 903 § 2, 1997)

§ 18.10.110 Accessory buildings.

A. 
No accessory building shall occupy any portion of the front yard setback of any lot.
B. 
Accessory buildings shall match or be in harmony with the design, style, quality, materials, and general appearance of the primary structure(s) on a property, and shall be in proportion to and compatible with the primary structure(s) and other structures on the property. These standards shall be determined by the community development director or designee.
(Ord. 903 § 2, 1997)

§ 18.10.120 Setbacks.

A. 
Building setbacks are established and maintained for the following purposes: continuity of the existing urban pattern, beauty, landscaping, drainage, light, air, privacy, utility and emergency access. Setbacks shall be intruded upon only as provided in this code or other applicable regulations.
B. 
Building projections and architectural elements at ground level, permitted under the provisions of a specific plan, this code, or other adopted land use regulation, shall not reduce an interior side setback to less than three feet, in order to provide for proper drainage and minimal building separation.
(Ord. 903 § 2, 1997)

§ 18.10.130 Absence of improvements.

The absence of curbs, gutters, paving, sidewalks, adequate drainage facilities, sanitary sewers, street signs, street lights, street trees, underground electrical transmission lines, water mains, and gas lines, improved medians, rubberized rail crossings, is found and declared to be prejudicial to the public health, safety and general welfare of the inhabitants of the city.
(Ord. 903 § 2, 1997)

§ 18.10.140 Required improvements.

A. 
Any person constructing any structure, building, dwelling, public or semi-public parking lot, or developing any area in the city shall also construct and install, at their own cost, curbs, gutters, sidewalks, paving, drainage facilities, sanitary sewers, street signs, street lights, street trees, underground electrical transmission lines, water mains, gas lines, rubberized railroad crossings, improved medians, off-site improvements as necessary, and appurtenances in accordance with the standards and specifications of the city and in accordance with the La Verne general plan of streets and highways of the city.
B. 
Such improvements shall be constructed or installed along all public streets and alley frontage adjoining the land upon which the structure, building, dwelling, public or semi-public parking lot is to be constructed unless adequate curbs, gutters, paving, sidewalk, drainage facilities, sanitary sewers, street signs, street lights, street trees, medians, underground electrical transmission lines, rubberized rail crossings, improved medians, water mains, and gas lines, already exist along the street and alley frontage. Where additional right-of-way or easements for public purposes are required, the right-of-way or easements shall be dedicated without cost to the city. In the case of gas lines, water mains, electrical transmission lines, drainage facilities, and sanitary sewers, the facilities shall be constructed so as to connect to the nearest accessible existing facility.
C. 
When needed, the public works director shall require construction of off-site improvements associated with the project in question if it can reasonably be shown that the project benefits from the improvements, and that the applicants are bearing a fair proportion of the financial burden of such improvements.
(Ord. 903 § 2, 1997)

§ 18.10.150 Distance along street frontage in unsubdivided areas.

In areas not subdivided into parcels or lots, the improvements required by this article need not extend a greater distance along the street frontage than:
A. 
The lot on which the use is located, if such lot may not be further divided under applicable zoning regulations; or
B. 
The minimum street frontage required for the use by applicable zoning regulations, including building width, driveways, side yards and lot area; or
C. 
In the case of gas lines, water lines, electrical transmission lines and sanitary sewers, the distance necessary to connect such facilities to the nearest similar existing facility.
(Ord. 903 § 2, 1997)

§ 18.10.160 Application procedure.

A. 
Upon application for a building permit or permit required under Chapter 12.08 of this code, the public works director shall provide the applicant with a notice of improvements required to comply with the provisions of this article. The applicant shall provide engineering plans and quantity estimates to the public works director. Upon the filing of the engineering plans and quantity estimates, the public works director shall estimate the cost of such improvements, the cost to be calculated using standard unit prices on file in the office of the public works director.
B. 
Such required permits shall not be issued for any dwelling, building, structure, public or semi-public parking lot or for the development of any area until the public works director certifies that the improvements required by this article exist or that money in an amount equal to the estimated cost of the construction of the improvements has been deposited or that a performance bond has been posted with the city to guarantee the construction of the improvements.
(Ord. 903 § 2, 1997)

§ 18.10.170 Improvement plan checking fee.

The city council shall from time to time establish a fee for the checking of improvement plans required to be constructed as a condition of a building permit.
(Ord. 903 § 2, 1997)

§ 18.10.180 Inspection fees.

The city council shall from time to time establish a fee for the inspection of improvements required as a condition of a building permit.
(Ord. 903 § 2, 1997)

§ 18.10.190 In-lieu deposit.

Where money is deposited in lieu of installation of the required improvements, the city shall cause to be constructed or installed the improvement for which the money has been deposited. Any unused portion of the money so deposited shall be refunded to the depositor.
(Ord. 903 § 2, 1997)

§ 18.10.200 In-lieu performance bond.

When a performance bond is posted in lieu of the deposit of cash for the construction or installation of the required improvements, the bond shall be posted with the city in an amount equal to the estimated cost of the construction or installation of the improvements, as determined by the public works director.
(Ord. 903 § 2, 1997)

§ 18.10.210 Exceptions.

A. 
The provisions of this article shall not apply to land being divided or improved under the provisions of Title 16 of this code.
B. 
The provisions of this article shall not apply in cases of additions to or reconstruction or alterations of existing residential buildings or structures where such additions, reconstructions or alterations do not exceed a permit valuation, as determined by the building official, of a minimum dollar amount as set by the city council from time to time.
C. 
The provisions of this article shall not apply in cases of additions to or reconstruction or alterations of existing commercial or industrial buildings or structures where such additions, reconstruction or alterations do not exceed a permit valuation, as determined by the building inspector, of a minimum amount as established by the city council from time to time.
D. 
The provisions of this article shall not apply to those specific improvements to be installed or constructed by special assessment district or by any approved alternate method of financing.
(Ord. 903 § 2, 1997)

§ 18.10.220 Modification of requirements.

In unusual conditions or when compliance with the provisions of this article would constitute an extreme hardship or would be impractical, the city council may, upon written request of the property owner, modify the requirements contained in this article as it may deem fit.
(Ord. 903 § 2, 1997)