This Title of the Long Beach Municipal Code may be known and cited as the "Zoning Regulations of the City of Long Beach" or the "Zoning Regulations".

(Ord. C-6533 § 1 (part), 1988)

The purpose of the Zoning Regulations is to promote and preserve the public health, safety, comfort, convenience, prosperity and general welfare of the people of Long Beach. Specifically, the Zoning Regulations intend to achieve the following objectives:

A.

To promote achievement of the proposals of the City General Plan;

B.

To advance the City's position as a regional center of commerce, industry, tourism, recreation and culture;

C.

To protect residential, commercial, industrial, public and institutional areas from the intrusion of incompatible land uses;

D.

To provide for desirable, appropriately located living areas in a variety of dwelling types and at a wide range of population densities, with adequate provisions for sunlight, fresh air and usable open space;

E.

To assure preservation of adequate space for commercial, industrial and other activities necessary for a healthy economy;

F.

To promote safe, expeditious and efficient movement of people and goods, with a maximum of choice in modes of travel and with adequate provisions for parking, loading and the transfer of modes of travel;

G.

To achieve excellence of design in all future developments and to preserve the natural beauty of the City's environmental setting;

H.

To promote the growth and productivity of the City's economy;

I.

To stabilize expectations regarding future development, thereby providing a basis for rational decisions;

J.

To provide opportunities for establishments to be located for efficient operation in a mutually beneficial relationship to each other and to shared services;

K.

To secure equity among individuals in the use of their property;

L.

To distribute population growth in the City in such a way as to maximize the quality of life enjoyed by all persons who have an interest in Long Beach;

M.

To guide and encourage the renewal of areas experiencing blight, deterioration and obsolescence, while protecting and preserving the City's cultural heritage; and

N.

To locate and control land uses so that no noise, vibration, electrical disturbance, smoke, gaseous or particulate matter, odor, glare, heat, radioactivity, biological material, dust, nor hazard is generated, created or emitted from any use so as to be a substantial risk to public health, safety and welfare or to be of such an extent, intensity or duration as to be a nuisance to or adversely affect adjacent properties or uses.

(Ord. C-6533 § 1 (part), 1988)

To the extent provided by State or Federal law or regulation, the Zoning Regulations shall apply to all development including development by the City of Long Beach or use of property within the City, whether public or private, tidal or submerged, except the following excluded properties:

A.

Roadways. When dedicated as public freeways, streets or alleys, the Zoning Regulations shall only apply to issues of dedications, improvements, reservations, signage, parkway landscaping, street trees and curb cut locations. However, in the Coastal Zone, any development or other public works project in public rights-of-way shall be subject to the local coastal development permit requirements and procedures in Division IX of Chapter 21.25;

B.

Oil, Gas and Water. When properties are used for oil extraction or gas extraction and processing and for City water wells, and when such uses are regulated by other provisions of the Municipal Code. However, in the Coastal Zone, all development, including drilling, new operating permits, new natural gas processing plants, drilling area changes or special condition variances, shall be subject to the local coastal development permit requirements and procedures in Division IX of Chapter 21.25;

C.

Public Utility Transmission, Distribution and Transit Lines. When locating and using such lines only, and not when land, air rights or mineral rights are being utilized for other than transmission, distribution or transit purposes. However, in the Coastal Zone, all development shall be subject to the local coastal development permit requirements and procedures in Division IX of Chapter 21.25;

D.

Submerged Properties. When properties are submerged, only the local coastal development permit requirements and procedures in Division IX of Chapter 21.25 shall apply, and these shall apply outside the jurisdiction of the certified Port of Long Beach Master Plan and implementing procedures.

(Ord. C-7326 § 1, 1995: Ord. C-7032 § 1, 1992; Ord. C-6533 § 1 (part), 1988)

The Zoning Regulations shall be deemed the minimum requirements to promote and preserve the health, safety, prosperity and general welfare of the people.

(Ord. C-6533 § 1 (part), 1988)

If uncertainty arises concerning the content or application of the Zoning Ordinance and its standards, the Zoning Administrator shall be authorized to determine all pertinent facts and interpret the Ordinance. Alternatively, the Zoning Administrator may request the Planning Commission to make such interpretation. In no instance, however, shall the Zoning Administrator determine, nor shall these regulations be so interpreted, that a use shall be permitted in a zone when such use is specifically listed as permissible in another zone. The classification of use procedure, which is set forth in Division VI of Chapter 21.25 of this Title, shall be utilized to resolve such discrepancies.

(Ord. C-7326 § 30, 1995)

Except for any development in the Coastal Zone, whenever there are practical difficulties involved in carrying out the strict provisions of this Title, the Zoning Administrator may grant minor modifications in individual cases, provided the Zoning Administrator can make a finding that a special reason or circumstance makes the strict application of this Title impractical, and that the minor modification is in conformity with the spirit and purpose of this Title.

If the Zoning Administrator determines the request is not minor in nature, then the procedures set forth in Chapter 21.25 shall be pursued to obtain a Standards Variance Permit. Each minor modification application shall be submitted together with a filing fee equal to that of a zoning confirmation letter.

This Section shall not be used to grant modifications to cases located within the Coastal Zone.

(Ord. C-7395 § 1, 1996: Ord. C-7378 § 21, 1995)

Any ordinance amending this Title is not intended to repeal, annul, abrogate, impair or interfere with existing provisions of any other ordinance or law. However, where the provisions of this Title impose greater restrictions than those required by other ordinances or laws, the provisions of this Title shall control.

(Ord. C-6533 § 1 (part), 1988)

A.

Except as provided in Division XI of Chapter 21.25 of this Title, the provisions of this Title shall apply to the erection or alteration of any building or structure, or to the use of any parcel of land, on and after the effective date of the Ordinance codified in this Title and any subsequently adopted ordinance amending this Title, unless a building permit has been lawfully issued by the City for the construction of a project, in which case that project may be completed under the provisions of this Title as they existed at the time of issuance of the building permit; provided, that construction under the permit must be commenced within six (6) months of issuance of the permit. For the purpose of this Subsection 21.10.060.A, a foundation permit shall be treated as equivalent to a building permit but grading, demolition, electrical, mechanical or plumbing permits shall not be considered or treated as building permits.

B.

No official or employee of the City authorized to issue permits or licenses shall issue such permits or licenses not in conformity with the provisions of this Title where such conformity is required by law. Any permit or license issued in conflict with the provisions of this Title shall be null and void. Unless otherwise excepted, no premises shall be occupied or used and no building shall hereafter be erected, altered, used or occupied until certified by the Director of Planning and Building or his authorized designee to be in compliance with the provisions of this Title.

C.

Whenever any building or sign permit, conditional use permit, variance or special zoning approval has been issued prior to the effective date of the Zoning Regulations or any amendment thereto and the uses or improvements for which the permit was issued would not conform to the regulations or amendments, the uses or improvements may, nevertheless, be utilized or developed to the extent authorized by the issued permit, provided the permit has not expired under the terms of its issuance. The uses and improvements shall be deemed legally nonconforming and shall be subject to the provisions of this Title governing nonconformities.

D.

Whenever construction of a building has begun under a valid building permit and the regulations are later changed, construction may continue as long as the building permit remains valid. However, if construction is discontinued for any reason, except as provided in Section 21.27.090, and the building permit lapses, terminates or is otherwise or in any way voided, then all construction authorized under any new or subsequent building or other permit must conform to the regulations in effect at the time the new or subsequent permit is issued.

(Ord. C-7663 § 1, 1999; Ord. C-6684 § 10, 1990; Ord. C-6546 § 1, 1988; Ord. C-6533 § 1 (part), 1988)

No building or structure shall be erected or moved onto any parcel of land in the City except on a lot of record as shown on the section maps of the City, a lot certified as created in compliance with the Subdivision Map Act and local subdivision regulations, or a lot created as a result of public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than fifty percent (50%) within any one (1) year period except on a legal building site.

(Ord. C-6533 § 1 (part), 1988)

A.

Any violation of the Zoning Regulations, including maintaining property in violation of this Title, is a misdemeanor and upon conviction is punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. The existence of such a violation for each and every day after the notice of a violation has been served shall be considered a separate and distinct offense. The City Prosecutor shall prosecute all persons guilty of such violations by continuous prosecutions, if necessary, until the violation is abated or removed.

B.

Upon discovery of a violation, the Department of Planning and Building shall issue a notice of violation to the owner of the subject property. The owner shall correct the violation, or take reasonable action to begin correction, and shall diligently pursue completion of the correction within ten (10) days after receiving notification of the violation. The Department of Planning and Building shall notify the City Prosecutor of any failure to correct the violation and shall request the City Prosecutor to take appropriate legal action. A repetitive or episodic violation of the same regulation shall be deemed a failure to correct and the Department of Planning and Building shall notify the City Prosecutor of the failure to correct.

C.

Any violation of the Zoning Regulations within the Long Beach Coastal Zone shall also constitute a violation of Division 20, Section 30000 et seq., of the Public Resources Code of the State of California and shall be subject to the remedies, fines and penalties provided in Division 20, Chapter 9, Section 30800 et seq., of the Public Resources Code. However, this provision shall not preclude any enforcement under the provisions of the Municipal Code.

D.

All cost incurred by the City in connection with such abatement of any violation of this Title, once notified, shall become an indebtedness of the owner(s) of said structure or premises, as well as a lien upon the affected property. Any person aggrieved by the imposition of costs pursuant to this Subsection may appeal such imposition within fifteen (15) days of the date of a notice to pay in accordance with procedures as set forth in Section 8.56.120 of this Code.

(Ord. C-6895 § 1, 1991; Ord. C-6595 § 5, 1989; Ord. C-6591 § 1, 1989; Ord. C-6533 § 1 (part), 1988)

A.

Any violation of the Zoning Regulations is a public nuisance, punishable as a misdemeanor, and each day of continuing violation shall be deemed a separate offense. The City may undertake enforcement action after discovery of the violation regardless of when the violation actually occurred.

B.

Pursuant to Civil Code Section 3483, every successive owner of property who fails or neglects to correct a violation or to abate a continuing nuisance upon or in the use of such property, created by a former owner, is liable criminally and civilly in the same manner as the one who first created it.

(Ord. C-6595 § 20, 1989)