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Lakewood City Zoning Code

PART 9

General Provisions Relating to Nonconforming Buildings and Uses

§ 9390 Application of Regulations.

The following regulations shall apply to all nonconforming uses, buildings, and structures. Each nonconforming use, building, or structure may be continuously utilized and maintained, provided that there is no alteration, addition, or enlargement to any such use, building, or structure, except as otherwise provided in this Part.

§ 9391 Nonconforming Use Limits Other Uses.

While a nonconforming use exists on any lot, no new use may be established thereon even though such other use would be a conforming use, except as otherwise provided in this Part.

§ 9392 Nonconformity - Abatement and Termination.

Nonconforming uses, building and structures shall be subject to abatement and termination of usage, in the manner and time hereinafter specified.
A. 
Any of the following conditions shall cause the automatic expiration of nonconforming uses and nonconforming buildings or structures for violation of or change of use:
1. 
Any nonconforming use which has been suspended or discontinued for a continuous period of at least 180 days shall be considered to have automatically expired.
2. 
A nonconforming building which is vacant for a continuous period of at least 180 days shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.
3. 
An increase or enlargement of the area, space, or volume of the building, structure, or land occupied by or devoted to such nonconforming use, except as expressly allowed by this Part.
B. 
Every nonconforming building, use, or structure shall be abated, completely removed, or altered to structurally conform to the uses permitted in the zone in which it is located, upon the expiration of the period of time herein specified. Said periods of time shall be deemed to commence to run as of the date such use, building or structure first became nonconforming by reason of the application thereto of the zoning ordinances of the City:
1. 
Nonconforming Uses.
(a) 
Where property is unimproved, including but not limited to, areas used for vehicular off-street parking facilities - one (1) year.
(b) 
Outdoor advertising signs and structures - thirteen (13) years.
(c) 
A nonconforming use of a conforming building in any of the A, R, or -M-F-R zones - three (3) years.
(d) 
A nonconforming use of a nonconforming building other than a service station - one (1) year.
(e) 
A nonconforming use of a service station - one and one-half (1½) years.
(f) 
Massage Establishment or an Adult Entertainment Business or - three (3) years, except where pursuant to a written lease in effect on the date said use became nonconforming, said premises are limited to a use for a term beyond said three (3) years then to the end of the term of said lease not exceeding, however, five (5) years, or where it has been established to the satisfaction of the Planning and Environment Commission that said use involves an investment of money in leasehold or other improvements requiring amortization of said use beyond three (3) years, in which event the use shall be abated within that period of time determined by the Planning and Environment Commission not exceeding, however, five (5) years.
[Added by Ord. 83-3; amended by Ord. 2015-4]
(g) 
Tank Farm. Where a Tank Farm exists on the effective date of this Ordinance in an M-1 zone, said Tank Farm shall be allowed to be maintained and operated as if it were a conforming use until January 1, 2017, subject to such further extension as may be granted by City Council action as to any specific tank farm as circumstances may warrant, under the M-1 zone regulations and regulated as if in the M-1 zone even if the zone changes provided any written agreement between the City and the holder of the nonconforming use is substantially complied with at all relevant times. Upon said date the Tank Farm shall be removed and the site shall be returned to a condition that will allow the conduct of uses permitted in the zone of the site. This section shall not be applicable to public or semi-public water storage tank farms.
[Added by Ord. 92-3; amended by Ord. 2005-14]
(h) 
All other nonconforming uses - three (3) years.
[Amended by Ord. 83-3; Ord. 92-3]
(i) 
Check Cashing Businesses - one (1) year.
[Added by Ord. 93-3]
(j) 
Public Dance and Entertainment. All permits for Public Dance and Entertainment issued pursuant to Article VI of the Lakewood Municipal Code and in good standing on the effective date of this Ordinance shall be continued as a valid use provided the terms and provisions of Article VI are complied with at all times. Any sale or transfer of a business for which in whole or in part a Public Dance or Entertainment permit is in effect shall be required to comply with the terms and provisions of the Zoning Ordinance including this amendment.
[Added by Ord. 98-9]
2. 
Nonconforming Buildings.
(a) 
Type V Buildings (One Hour or Non-Rated) - Twenty (20) years from date of construction, but in no case more than ten (10) years from date of adoption of the ordinance making the building nonconforming.)
(b) 
Type II, Type II 1 Hour, Type II-N, Type III, and Type IV Buildings.
(1) 
Apartments, offices, hotels, or residences having stores or offices below and apartments above thirty-five (35) years from date of construction, but in no case more than twenty (20) years from date of adoption of the ordinance making the building nonconforming.
(2) 
Warehouses, stores, garages, lofts -thirty-five (35) years from date of construction, but in no case more than twenty (20) years from date of adoption of the ordinance making the building nonconforming.
(3) 
Manufacturing and industrial -thirty-five (35) years from date of construction, but in no case more than twenty (20) years from date of adoption of the ordinance making the building nonconforming.
(c) 
Type I and Type II Buildings (Fire Resistive).
(1) 
Offices and hotels - forty-five (45) years from date of construction, but in no case more than twenty-five (25) years from date of adoption of the ordinance making the building nonconforming.
(2) 
Theaters - forty-five (45) years from the date of construction, but in no case more than twenty-five (25) years from the date of adoption of the ordinance making the building nonconforming.
(3) 
Warehouses, lofts, stores, garages -forty-five (45) years from date of construction, but in no case more than twenty-five (25) years from date of adoption of the ordinance making the building nonconforming.
(4) 
Industrial - forty-five (45) years from date of construction but in no case more than twenty-five (25) years from date of adoption of the ordinance making the building nonconforming.
(d) 
All Other Structures. All other structures, including all buildings or structures not previously set forth - thirty (30) years from date of adoption of the ordinance making the building nonconforming.

§ 9393 Repair and Maintenance.

A. 
Ordinary Repair and Maintenance. The ordinary repair and maintenance of a nonconforming building or structure shall be permitted, provided that the cost thereof shall not exceed fifty (50) percent of the then assessed value of the building or structure, in any calendar year.
B. 
Eminent Domain. The repair, reconstruction, or remodeling of any building or structure shall be permitted where a part of such building or structure is taken for any public use by condemnation, dedication or purchase by any agency having the power of eminent domain. Such reconstruction, alteration or repair shall be limited to that necessary to render the said building or structure reasonably safe for occupancy and continued use.
C. 
Conforming Buildings. This section shall not be construed to place any limitations upon any reconstruction, repair or remodeling deemed appropriate by the property owner where the building or structures conforming but the use thereof is not.
D. 
Reconstruction of Nonconforming Building Partially Destroyed. A nonconforming building destroyed to the extent of not more than fifty percent (50%) of its reasonable replacement value at the time of its destruction by fire, explosion, or other casualty or Act of God, or the public enemy, may be restored and 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 this Part.
A single family structure located in the R-1, R-A, and M-F-R zones may be restored in accordance with the zoning ordinances in effect at the time of the original construction, when it is totally destroyed by fire, explosion, or other casualty or Act of God, or the public enemy.

§ 9394 Nonconforming Building: Alteration and/or Additions.

A. 
Any alteration, expansion or addition provided for in this section shall conform to development standards in effect at the time of such alteration, expansion or addition, except as may otherwise be provided in this section.
B. 
Residential Unit. Where the existing multiple family residential building has been validly erected and conforming prior to the ordinance enacting the M-F-R zone regulations which rendered the building nonconforming, because of lack of compliance with the Development Standards in the M-F-R Zone, this Part shall not apply. Any building coming within the terms and provisions of this section may be expanded, extended, enlarged, or reconstructed provided that said work shall not exceed twenty-five percent (25%) of the existing floor area of the existing structure or improvements located on the premises and the work complies with the ordinances currently in effect.
C. 
Nonconformity: Parking Facilities. In the R-1, R-A, and M-F-R zones where the use is conforming and the building was validly erected and conformed to the parking requirements of this Chapter at the time of construction, prior to the enactment of this subsection, and is now nonconforming because of a lack of compliance with the off-street parking requirements of this Chapter, said nonconforming building shall be considered conforming for the purpose of this Chapter and may be expanded, provided that such work does not increase the number of dwelling units located on the lot and provided further, that such expansion, construction, or reconstruction does not result in any portion of a building or a structure being located on the only portion of the lot physically available for required off-street parking facilities or access thereto, nor occupy any required yard or open space area. If the Director of Community Development determines that the required parking facilities may be constructed on the site, the additional facilities shall be erected at the time of the expansion, construction or reconstruction as part of the same.
D. 
Nonconforming Yard Requirements.
1. 
Where the use in the R-1 and R-A zones is conforming and the building when erected conformed with applicable codes, but the building is nonconforming, as defined in this Chapter, because of a lack of compliance with the current yard setbacks for a main structure, this Part shall not apply. Any building coming within the terms and provisions of this Section may be expanded provided the new construction to the main building complies with the yard setback requirements of this Chapter, except that the new construction may extend to the front yard setback line in effect at the time the main structure was originally constructed. Additionally, uncovered projections such as porches or platforms may encroach three (3) feet into the front yard area in effect at the time the main structure was originally constructed.
2. 
Where the use in the R-1 zone is conforming, but the building is nonconforming, because of lack of compliance with the side yard requirements of this Chapter, this Part shall not apply. Any building coming within the terms and provisions of this Section may be expanded laterally notwithstanding said side yard requirements if the side yard provided by said expansion is not less than that provided by the nonconforming main building, exclusive of accessory buildings attached thereto. However, no such building shall be expanded vertically without compliance with the side yard requirements of this Chapter unless the following conditions are met and complied with at all times:
[Amended by Ord. 83-16]
(a) 
The main building which otherwise would have been nonconforming has a side yard of at least three (3) feet.
(b) 
Any attached garage of such a building which otherwise would have been nonconforming may be expanded vertically if it has a side yard of at least three (3) feet.
(c) 
Any such access to a second story addition shall be provided from within the walls of the first floor structure.
(d) 
No such vertical expansion shall be allowed where total floor area of the main building used for living purposes exceeds fifty five percent (55%) of the lot area.
[Amended by Ord. 91-4]
3. 
Where the use in the R-1 or R-A zone is conforming but the main building is non-conforming because of lack of compliance with the rear yard requirements of this Chapter, this Part shall not apply. Any building coming within the terms and provisions of this section may be expanded laterally notwithstanding said rear yard requirements if the rear yard provided by said expansion is not less than five (5) feet. Said expansion shall be subject to Conditional Use Permit approval, as prescribed in Article IX, Chapter 3, Part 10. No such building shall be expanded vertically, unless the new construction meets the applicable setback requirements. All other applicable development of the property shall remain in effect.
[Added by Ord. 87-8]
E. 
Expansion of Single Family Residences in the M-F-R Zone. Any single family residence meeting the definition of this Chapter of a nonconforming building for reason of classification in the M-F-R zone, notwithstanding any provision of this Chapter to the contrary, may be continued and may be expanded not exceeding fifty percent (50%) of the floor area of the main building.
F. 
Expansion of Single Family Residences in the R-1 AND R-A Zones. Where the use is conforming and the buildings were validly erected and conformed to the requirements of this Chapter at the time of construction, prior to the enactment of this subsection, and is now nonconforming because of a lack of compliance with the lot coverage requirements of this Chapter, said nonconforming buildings shall be considered conforming for the purpose of this Chapter. However, no such buildings shall be expanded where said expansion further increases existing lot coverage.
[Added by Ord. 91-4]

§ 9395 Exemptions and Exceptions.

A. 
Mixed Uses. Where a conforming building or buildings and/or structures are located on a lot or combination of lots forming a single complex, but all or a portion of the usage thereof is nonconforming, no new conforming use shall be permitted in such building, buildings or structures unless the off-street parking requirements of this Code are met for the new conforming use.
B. 
Change in Use. A use in a building which is nonconforming only because it does not meet the requirements of the standards of development for the zone, or the applicable off-street parking requirements, may be changed to a use permitted in the zone provided that no such change of use shall extend the termination or compliance date established for any nonconforming building. Notwithstanding the provisions of this part, pertaining to abatement and termination, any use made nonconforming by the landscape and off-street parking requirements of Ordinance No. 82-14, may continue as long as the same otherwise complies with the provisions of this part pertaining to nonconforming uses and said landscaping and off-street parking areas are maintained in accordance with the provisions of the Zoning Ordinance applicable thereto immediately prior to the adoption of Ordinance No. 82-14. Said nonconforming use may be changed to any other use authorized in the zone in which the use is located, and provided the terms and provisions of this Code applicable thereto are met, with the exception that the Planning and Environment Commission may determine, after a public hearing and consideration of the factors creating the nonconforming use, and the effect of the change of use on surrounding property and the public health, safety and welfare, that all or part of said landscaping and parking requirements may be waived provided in any case that the landscaping and off-street parking areas are maintained in accordance with the provisions of the Zoning Ordinance applicable thereto immediately prior to the adoption of Ordinance No. 82-14.
[Amended by Ord. 82-14]
C. 
Building or Structure Under Construction. Any building or structure for which a valid, lawful building permit has been issued, and is in force prior to the operative date of any amendment to the provisions of this Chapter and which has the effect of rendering said building or structure nonconforming, may be completed and utilized provided that the same is completed in accordance with the plans and specifications upon which such building permit was issued.
D. 
Public Service and Utility Exemptions. Nothing contained in this Chapter shall be construed or applied to prevent the expansion, enlargement, modernization or replacement of public service and public utility buildings, structures, and uses, provided there is no change in land use or increase in the area of property so used.
E. 
Public Acquisitions. Whenever any lot, any building or any structure is rendered nonconforming by reason of a reduction in a required yard area, lot area or off-street parking facilities, occurring solely by reason of condemnation, dedication, purchase or otherwise by the City or other public entity for any public purpose, the same shall not be deemed nonconforming within the meaning of this Part.
F. 
Parking in Front Yard. In the R-1 and R-A zones, where there exists on the effective date of this Ordinance, an access and egress from a public or private right of way to a required automobile parking space, which prior to January 1, 1984 has been converted with the approval of the City to another ruse, said non-conforming access driveway may be continued notwithstanding the provisions of this part provided all of the following requirements are met:
1. 
The required automobile parking stall has been legally constructed on said premises prior to January 1, 1984, and continuously maintained since that date.
2. 
Except for said required and legally installed and maintained vehicle parking stall, there is no other reasonably available off-street parking space on said premises other than said driveway.
3. 
Said driveway is maintained without expansion and limited in use to the parking of passenger vehicles in connection with the residential use of said premises.
[Added by Ord. 84-2]
G. 
Drive-Thru Restaurants in the C-1 Zone. Notwithstanding any provision of this part to the contrary, where there exists a drive-thru restaurant building and use in the C-1 Zone on the effective date of the Ordinance adding this section, the same may continue provided a conditional use permit under the provisions of Section 9347.D.7 has been issued and is maintained in full force and effect.
[Added by Ord. 92-11]

§ 9396 Removal of Prohibited Advertising Displays.

Notwithstanding any provision of this Part to the contrary, any "advertising display" as defined in Section 9302.2a which on the effective date of the Ordinance enacting this Section, or thereafter, may be in violation of the provisions of this Chapter, shall be removed within three years from said effective date, or within three years from the date when the project for the landscaping of a section or sections of the freeways shall have been completed or accepted, and the character of said section shall have been changed from a freeway to a landscaped freeway, as defined in the Chapter, whichever is later.

§ 9397 Procedure for Abatement.

When the nonconforming use or nonconforming building has expired or terminated in accordance with Section 9392 of this Code, and the nonconforming use or nonconforming building has not been abated or made to conform to existing zoning regulations, the Director of Community Development shall give a written notice to abate the nuisance within thirty (30) days to the owner/or person in possession of the property. If the nuisance is not abated within thirty (30) days, the Community Development Director may file a report with the Planning and Environment Commission to initiate abatement proceedings in accordance with Chapter 3 of Article IV of this Code.