Laguna Beach City Zoning Code
CHAPTER 25
56 NONCONFORMING BUILDINGS, LOTS AND USES
§ 25.56.002 Nonconforming building, structure or improvement.
A nonconforming building, structure or improvement is one which lawfully existed on any lot or premises at the time the first zoning or districting regulation became effective with which such building, structure or improvement, or portion thereof, did not conform in every respect.
Any such nonconforming building, structure or improvement may be continued and maintained, except as otherwise provided in this chapter, but may not be moved in whole or in part unless and except every portion thereof is made to conform to the provisions of this title.
(Ord. 1282 § 1, 1994)
§ 25.56.004 Nonconforming use defined.
means a use of a building or land which use was carried on the effective date of the ordinance codified herein and which does not conform to the uses permitted in the zone in which it is located.
Any such nonconforming use may be continued except as otherwise provided in this chapter.
(Ord. 1282 § 1, 1994)
§ 25.56.006 Change in building use.
If any nonconforming use or portion thereof is abandoned or ceases for a period of twelve or more consecutive months, or is changed to a conforming use, it shall not thereafter be reestablished or reopened.
(Ord. 1282 § 1, 1994)
§ 25.56.008 Adding to or enlarging nonconforming structure.
A legal nonconforming structure may be enlarged or expanded if:
(A)
The enlargement or expansion complies in every respect with all applicable provisions of this Title 25 Laguna Beach Municipal Code; and
(B)
When design review is required, the approval authority finds that the proposed enlargement or expansion and the project as a whole complies with the Design Review Ordinance Intent and Purpose Section 25.05.040(A) and Design Review Criteria as set forth in Section 25.05.040(H). (The existing nonconformities shall be identified in the public hearing notice.); and
(C)
The required number of parking spaces is provided per Chapter 25.52, Parking Requirements. However, existing single-family dwellings that have a nonconforming number of required parking spaces may be enlarged or expanded without complying with the required number of spaces, if the total gross floor area of the residential structure, including the proposed enlargement or addition, does not exceed fifteen hundred square feet and at least one parking space is provided on the property.
(Ord. 1282 § 1, 1994; Ord. 1416 § 22, 2002; Ord. 1515 § 6, 2009)
§ 25.56.009 Modification of existing nonconforming structure.
If any part of a nonconforming portion of the structure is substantially removed or modified in such a way that it compromises the structural integrity of the building, that portion must be rebuilt in conformance with zoning regulations.
(Ord. 1282 § 1, 1994)
§ 25.56.010 Adding to, enlarging or reestablishing nonconforming use.
A nonconforming use or portion thereof shall not be enlarged or expanded.
(Ord. 1282 § 1, 1994)
§ 25.56.012 New construction where nonconforming building or use exists.
While a nonconforming use exists on any lot, no new building shall be erected or placed thereon even though the new building and its use would otherwise conform to the provisions of this title.
Once the nonconforming use or building is entirely removed from the lot or the building is made to comply in use to the regulations of the particular district wherein located, then the lot may be used for any purpose conforming with this title.
(Ord. 1282 § 1, 1994)
§ 25.56.014 Restoration of nonconforming structure.
Notwithstanding the extent of damage, any legal nonconforming building, structure or improvement which has been damaged by fire, flood, wind, earthquake or other disasters may be repaired, restored, replaced or reconstructed up to the original size, placement and density within five years of such damage or destruction, notwithstanding any other provision of this title; provided, however, that no multiple-family dwelling which has been so damaged to the extent of more than fifty percent of the value of such building, structure or improvement immediately prior to such calamity shall be repaired, restored, replaced or reconstructed unless the provisions of Chapter 25.52 are complied with in full; and provided further, however, that no shore protective device shall be repaired, restored, replaced or reconstructed unless it is consistent with prevailing zoning regulations and general plan policy.
(Ord. 1282 § 1, 1994; Ord. 1530 § 1, 2010)
§ 25.56.016 Nonconforming uses due to future reclassification.
The foregoing provisions of this section shall also apply to nonconforming uses and buildings which are made such by any future reclassification of the district in which the particular use or building is located.
(Ord. 1282 § 1, 1994)
§ 25.56.018 Public utility uses.
Regardless of any other provisions of this title, any public utility use existing in any building or structure, or on any premises at the time of the adoption of the ordinance codified herein shall be deemed to be a conforming use or a conforming building or structure as the case may be, in whatever district said use is conducted or whatever district said building structure or premises are located.
(Ord. 1282 § 1, 1994)
§ 25.56.020 Access to prior building sites-Validity maintained.
(A)
Notwithstanding any other provisions of this section, any parcel of land or lot which has been lawfully created and has received a building permit for the establishment and use of any building or structure, but which does not comply with the current access standards of this code, shall nevertheless be conclusively presumed to be a building site to the extent that any nonconformity arises solely out of a lack of compliance with current access standards.
(B)
In order to verify that the parcel and any structures thereon were lawfully established in accordance with the regulations in effect at the time, the director of community development may require the submittal of adequate documentation, including, but not limited to, the following:
(1)
Evidence of a building permit, special inspection or any other means whereby the original code compliance of the structure may be reasonably ascertained;
(2)
Any information that validates the division of land whereon the building, structure or improvement is located, including grant deeds, recorded maps and title reports. Any determination made by the director of community development shall consider that this subsection is intended to maintain, to the maximum extent feasible, the status of any parcel as a building site once such status has been lawfully granted, and that a parcel of land is not dispossessed of its standing as a building site because of any subsequent amendments or changes to the access standards of the city.
(C)
If additions or alterations exceed fifty percent of the existing population density or intensity of use, the provisions of Chapter 25.53 (Access and Improvement Requirements) shall apply; provided, however, that any improvement requirements that may be imposed may be codified to preexisting, established and paved street or driveway gradients and are limited to those that would normally be required attendant to the application in order to meet the minimum access standards for the subject site, and any improvements based upon the number of building sites served shall be limited to the number of lots or building sites that are the subject of the application.
(Ord. 1282 § 1, 1994)
§ 25.56.022 Nonconforming lots.
Notwithstanding any other provisions of this title, any nonconforming lot or parcel that has been lawfully created but does not conform to the lot area and/or the lot dimension standards for the zone in which it is located, and is a legal building site pursuant to the definition contained in Section 25.08.004, shall be allowed to be developed without approval of a nonconforming lot variance, provided that the development complies with allowable density standards specified for the zone and general plan land use designation and all applicable zoning regulations. A lot or parcel that is proposed to be subdivided, including a condominium subdivision, shall be in compliance with the applicable lot area and lot dimension standards for the zone in which it is located.
(Ord. 1515 § 7, 2009)