Zoneomics Logo
search icon

Loma Linda City Zoning Code

CHAPTER 17

22 NONCONFORMING USES

§ 17.22.010 Intent-Nonconforming defined.

A. 
It is the intent of this chapter to regulate the extension, enlargement, reestablishment, continuation, maintenance, alteration, or change of nonconforming uses, buildings, structures, and lots. It is the purpose of this chapter to ensure an ultimate goal of the elimination, or to add a more substantial degree of conformity of, nonconforming uses, buildings, structures, and lots.
B. 
For the purpose of this chapter, the term "nonconforming" and regulations herein may apply to uses, buildings, structures, and lots. The term "nonconforming" pertains to any use, building, structure, or lot which was commenced, constructed, or created in compliance with the then applicable zoning regulations but which, by virtue of a change in such regulations, no longer complies therewith.
(Ord. 98 § 12.17.01, 1974)

§ 17.22.020 Extension or change prohibited when.

A. 
No nonconforming use of property and/or building shall be extended to any portion of a property or building previously vacant or occupied by another use.
B. 
Nonconforming use of any property or building shall not be changed except to a use which complies with the provisions of this title.
(Ord. 98 § 12.17.02, 1974)

§ 17.22.030 Alterations and repairs permitted when.

A. 
A nonconforming building housing a nonconforming use shall not be moved, altered, or enlarged unless required by law.
B. 
A nonconforming building housing a conforming use may be altered, once enlarged, or reconstructed, provided:
1. 
That such alteration, enlargement, or reconstruction does not exceed twenty-five percent of the value of the existing building;
2. 
That floor area shall not be increased over ten percent of the total existing floor area of the building, except that this limitation shall not apply to single-family residences in an area zoned for single-family use.
3. 
That the alteration, enlargement, or reconstruction shall not increase any discrepancy between existing conditions and the regulations prescribed by code;
4. 
That the planning director shall determine that added safety, reduction of fire hazard, aesthetic improvement, or closer conformity to surrounding conforming structures shall be achieved.
C. 
1. 
Repairs or interior alterations which do not enlarge a nonconforming building or structure may be made; provided, however, that any nonconforming building or structure destroyed by fire, explosion, act of God, natural calamity, or act of the public enemy to a greater extent than fifty percent shall be removed or reconstructed in conformance to zoning regulations. The extent of damage shall be determined by the ratio of the estimated cost of restoring such building or structure to its prior condition, before damage, to the estimated cost of duplicating the entire structure as it existed prior thereto.
2. 
If such damage is fifty percent or less, a nonconforming building or structure may be restored providing such restoration is commenced within one hundred eighty days and diligently pursued to completion.
(Ord. 98 § 12.17.03, 1974)

§ 17.22.040 Resumption after discontinuance prohibited when.

A. 
Uses.
1. 
No nonconforming use shall be resumed, reestablished, or reopened after it has been abandoned, discontinued, or changed to a conforming use. A nonconforming use shall be deemed to have been discontinued or abandoned when such has ceased to be used, operated, or exist as a nonconforming use for a period of one hundred eighty days. Such date for commencement of the one-hundred-eighty-day period shall be established upon lapse of city business license, lapse of State Board of Equalization permit, or date noted by a city official with proper site verification of abandonment or discontinuance duly documented or any other competent evidence tending to prove such cessation of use.
2. 
Notwithstanding any provisions of subdivision 1 of this subsection gasoline service stations are hereby declared to be a special class of land use and shall be deemed to be abandoned and discontinued after a period of sixty days determined as to date of commencement as for other nonconforming uses.
B. 
Structures. Nonconforming structures (e.g., fence, wall, sign) shall be discontinued no later than such time as the use of the building on the property is eliminated in conformance to the provisions of this section.
C. 
Lots or Parcels. A lot or parcel of land nonconforming because of area or dimension requirements shall not be reduced in size creating a greater degree of nonconformance.
D. 
Buildings. For nonconforming buildings, there shall be a blanket fifty-year period.
E. 
Fences. For nonconforming fences, there shall be no limit.
F. 
The provisions of this section shall not be interpreted as negating the amortization schedule as established for specific types or classes of nonconforming uses, buildings, and structures elsewhere in this title.
(Ord. 98 § 12.17.04, 1974)

§ 17.22.050 Amortization time limits.

Notwithstanding any other provisions of this title, the following amortization schedule shall be applicable to the specifically mentioned nonconforming use, building, or structure. All shall be removed or made to conform within the time period specified as measured from the effective date of this title:
A. 
Nonconforming Signs.
1. 
Nonelectrical signs and advertising activities listed as prohibited under Chapter 17.18, sixty days,
2. 
Electrical signs and advertising devices, listed as prohibited under Chapter 17.18, one hundred eighty days,
3. 
Off-premises advertising signs not advertising business, product, or service supplied on the property upon which it is located and having a value less than five hundred dollars, one year,
4. 
Billboards or outdoor advertising structures having a value greater than five hundred dollars and not having been approved by a prior conditional use permit or variance, three years,
5. 
On-premises advertising signs advertising a business, product, or service on the property on which they are located and which are nonconforming due to area, height, or other pertinent zoning regulations without a prior approved conditional use permit or variance, five years. Monument signs conforming to the provisions of this code prior to the adoption of Ordinance No. 565 shall be exempt from this provision;
B. 
Nonconforming fences, no limit;
C. 
Nonconforming uses which do not occupy a structure and a nonconforming use occupying a structure with an assessed valuation less than five hundred dollars, three years;
D. 
Nonconforming uses which occupy a conforming building with an assessed valuation of five hundred dollars or more, five years;
E. 
Nonconforming buildings with an assessed valuation of less than five hundred dollars, three years;
F. 
Nonconforming buildings except as otherwise provided shall in all cases have a minimum fifty years from the effective date of the ordinance codified in this title to be amortized.
(Ord. 98 § 12.17.05, 1974; Ord. 565 § 5, 1998)

§ 17.22.060 Conformance required when.

All nonconforming uses, buildings, and structures shall be removed, eliminated, or made to conform to the requirements of this title when any section of this chapter requires elimination or upon the appropriate date for amortization as listed.
(Ord. 98 § 12.17.06, 1974)

§ 17.22.070 Relief application authorized.

Any person aggrieved by the operation of the terms of this chapter may file an application for relief as provided for variances. Upon a determination that the terms hereof operate unjustly or harshly as applied to a particular use, building or structure, relief may be granted upon such terms as are deemed appropriate.
(Ord. 98 § 12.17.07, 1974)