That the Comprehensive Long Beach Unified Land Use Ordinance Number 598 of the City of Long Beach should be and hereby is amended by adopting the revised Chart of Uses attached hereto as Exhibit A.

R = Permitted by right

X = Permitted with Long Beach Planning and Development Commission Approval

S = Permitted as special-use (hearing)

(Ord. No. 604, § 2, 11-19-2013; Ord. No. 606, § 1, 2-18-2014; Ord. No. 633, § 2, 3-20-2018; Ord. No. 654 , 11-3-2020)

(a)

Subject to Section 107, when used in connection with a particular use (Section 105), the letter "R" means that in the Chart of Uses, use is permissible in the indicated zone with a zoning permit issued by the administrator. The letter "S" means a special-use permit must be obtained from the board of adjustment, and the letter "X" means Long Beach Planning and Development Commission approval must be obtained from the Long Beach Planning and Development Commission.

Notwithstanding any other provisions of this article, whenever the Chart of Uses (interpreted in the light of Section 106 and the other provisions of this article) provides that a use in a nonresidential zone or a nonconforming use in a residential zone is permissible with a zoning permit, a special-use permit shall nevertheless be required if the administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the administrator shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

(a)

The presumption established by this ordinance is that all legitimate uses of land are permissible within at least one zoning district in the city's planning jurisdiction. Therefore, because the list of permissible uses set forth in Section 105 (Chart of Uses) cannot be all inclusive; those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

(b)

Notwithstanding Subsection (a), all uses that are not listed in Section 105 (Chart of Uses), even given the liberal interpretation mandated by Subsection (a), are prohibited. Nor shall Section 105 (Chart of Uses) be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

(c)

Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

(1)

Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the city's fire prevention code.

(2)

Stockyards, slaughterhouses, rendering plants.

(3)

Use of a travel trailer as a temporary or permanent residence. (Situations that do not comply with this subsection on the effective date of this ordinance are required to conform within one year.)

(4)

Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. (Situations that do not comply with this subsection on the effective date of this ordinance are required to conform within 30 days.)

(a)

The Chart of Uses (Section 105) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use (i) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special-use permit (use classification 6.210).

(b)

For purposes of interpreting Subsection (a):

(1)

A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use;

(2)

To be "commonly associated" with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

(c)

Without limiting the generality of Subsections (a) and (b), the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:

(1)

Accessory residential unit shall be connected to principal buildings utilities.

(2)

Hobbies or recreational activities of a noncommercial nature.

(3)

Yard sales or garage sales, so long as such sales conform to existing codes.

(d)

Without limiting the generality of Subsections (a) and (b), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.

(1)

Storage outside of a substantially enclosed structure of any motor vehicle, boat or trailer that is neither licensed nor operational.

(2)

Parking outside a substantially enclosed structure of more than four motor vehicles or the number of legally licensed drivers residing, between the front building line of the principal building and the street on any lot used for purposes that fall within residential classifications.

Notwithstanding any other provisions of this ordinance, no zoning, special-use, or Long Beach Planning and Development Commission approval permit is necessary for the following uses:

(1)

Streets.

(2)

Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

(3)

Neighborhood utility facilities located within a public right-of-way with the permission of the owner (state or town) of the right-of-way.

(a)

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot change. This occurs whenever:

(1)

The change involves a change from one principal use category to another.

(2)

If the original use is a mixed use or planned unit development, the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered.

(3)

If the original use is a mixed use or planned unit development use, the mixture of types of individual principal-uses that comprise the mixed use or planned unit development use changes.

(4)

If the original use is a planned residential development, the relative proportions of different types of dwelling units change.

(5)

If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business). For example, if there is only one building on a lot and a florist shop that is the sole tenant of that building move out and is replaced by a clothing store, that constitutes a change in use even though both tenants fall within principal use classification. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center—combination use) has not changed.

(b)

A mere change in the status of property from unoccupied to occupy or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.

(c)

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

(a)

When a mixed use comprises two or more principal uses that require different types of permits (zoning, special-use, or Long Beach Planning and Development Commission approval), then the permit authorizing the mixed use shall be:

(1)

A Long Beach Planning and Development Commission approval permit if any of the principal uses combined requires a Long Beach Planning and Development Commission approval permit.

(2)

A special-use permit if any of the principal uses combined requires a special-use permit but none requires a Long Beach Planning and Development Commission approval permit.

(3)

A zoning permit in all other cases.

(b)

When a mixed use consists of a single-family detached residential subdivision and two-family or multi-family uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.

(c)

When a mixed use consists of a single-family detached, architecturally integrated subdivision and two-family or multi-family uses, then the total density permissible on the entire tract shall be determined by dividing the area of the tract by the minimum square footage per dwelling unit specified in Section 143.

Whenever a development could fall within more than one use classification in the Chart of Uses (Section 105), the classification that most closely and most specifically describes the development shall control.