Malibu City Zoning Code
CHAPTER 17
60 NONCONFORMING STRUCTURES AND USES
§ 17.60.010 Purpose.
The purpose of this chapter is to govern the application of this title to structures, uses and parcels which were in conformance with zoning regulations when constructed, created or established, but which no longer comply as a consequence of the adoption of this title, or any subsequent amendments thereto.
(Prior code § 9400; Ord. 86 § 3, 1993; Ord. 93 § 63, 1993)
§ 17.60.020 Structures.
A.
Any structure which was lawfully erected and which does not conform to the current design and development standards or lot development criteria of this title may be continuously maintained and shall be treated in all respects as though in full compliance with this title.
B.
Additions to structures described in subsection A of this section, and repairs and renovations to such structures, may be made subject to the same regulations as apply to structures which are in full compliance with this title.
C.
Any structure, including any structure that was damaged or destroyed by a natural disaster, described in subsection A of this section, may be remodeled, or may be reconstructed in the general location and to the same height as it existed prior to damage or destruction, subject to obtaining planning verification. Structures that were damaged or destroyed by a natural disaster may be permitted, at the discretion of the planning director through approval of a planning verification, to increase the square footage, height or bulk permitted by this title by 10% of the existing or previously existing square footage, height or bulk of the structure. Increased height or bulk on non-beachfront properties shall not exceed 18 feet, unless a site plan review is obtained, and increased square footage shall not exceed the limits of Section 17.40.040(A)(13). The application for the reconstruction must be initiated with the city within six years of the date of damage or destruction, and a building permit must be diligently pursued and obtained within eight years from the date of damage or destruction and not become expired. A request for an extension of time past the six-year or eight-year periods may be granted by the planning commission where it finds, based on substantial evidence, that due to unusual circumstances, strict compliance with the six- or eight-year limit creates an undue hardship. Extensions for applications may not total more than three years for a maximum total of nine years from the date of the disaster. Extensions for building permits may not total more than three years for a maximum total of 11 years from the date of the disaster. Any reconstruction shall extend the termination date described in Section 17.60.040 for the use operating within such a structure.
1.
Replacement structures on beachfront lots are allowed to meet the minimum increases necessary to meet Federal Emergency Management Agency (FEMA) requirements but shall, to the maximum extent feasible, protect neighboring ocean views. Replacement structures shall seek increases in square footage laterally before they are allowed to increase vertically as viewed by neighboring properties. The height of the structure from the finished floor to the roof may remain the same as existed for the prior structure even if the prior structure was nonconforming in height. No additional height shall be allowed for the replacement structure if it has a nonconforming height. A conforming structure shall not be granted an additional height increase if it creates a nonconforming height.
D.
Unreinforced masonry buildings constructed prior to 1933 which must be altered or demolished, because of state or local requirements to add seismic strengthening to existing buildings, may be reconstructed regardless of any noncompliance with the standards of this title, provided such reconstruction is permitted by the building code.
E.
Modifications of the original structure design may be permitted at the discretion of the planning director in the following areas:
1.
Increases to the original structure square footage, provided the resulting total development square footage does not exceed the provisions of Section 17.40.040, except as allowed in subsection (E)(4) of this section;
2.
Modification to the original structure setbacks, provided the proposed setbacks do not further reduce the original setback, unless otherwise recommended for geotechnical and safety purposes;
3.
Increases in original building height, provided the proposed structure does not exceed eighteen (l8) feet;
4.
Where no garage previously existed, the proposed plan may incorporate required parking pursuant to Section 17.48.030, up to a maximum of 600 square feet, and shall be exempt from Section 17.40.040(A)(13).
(Prior code § 9401; Ord. 86 § 3, 1993; Ord. 93 § 63, 1993; Ord. 104 §§ 4, 5, 1993; Ord. 111 § 6, 1994; Ord. 124 § 3, 1994; Ord. 445 § 6, 2018; Ord. 476 § 3, 2020; Ord. 524U, 3/6/2025; Ord. 524, 3/12/2025)
§ 17.60.030 Parcels.
A parcel legally created and existing as of March 26, 1993 regardless of size may be used for any purpose permitted in the zone district, provided that such use or any new construction complies with the requirements of this code.
(Prior code § 9402; Ord. 86 § 3, 1993; Ord. 93 § 63, 1993)
§ 17.60.040 Uses.
A.
Uses which were lawfully established prior to March 26, 1993, and which are no longer permitted or which require a discretionary permit as a result of adoption of this title, or any subsequent amendment thereto, may be continuously maintained, subject to the provisions of this section.
B.
Uses described in subsection A of this section which are discontinued shall not be resumed. Discontinuance occurs where the use has ceased operating for a period of 180 days, or has changed so as to be in compliance with this title, or where the structure used for the use has been removed or destroyed.
C.
Uses described in subsection A of this section shall be discontinued and removed from their sites within the following timetable, unless an earlier termination date is provided for in any discretionary permit governing the use, or unless extended as provided in subsection E of this section:
1.
Where the property is unimproved except for structures of a type for which Chapter 15.04 (Building Code) of this code does not require a building permit, three years.
2.
Where the property is unimproved except for structures which contain less than 100 square feet of gross floor area, or where such structures have a total market value of $500 or less as reflected by the current assessment roll, three years.
3.
Where a use described in subsection A of this section is carried on in a structure that can be adapted for any permitted or conditionally permitted use in the zone in which structure is situated, five years, except where the provisions of subsection (C)(2) of this section.
4.
In other cases, 20 years from March 26, 1993, or the effective date where later, of the ordinance or amendment to this title rendering a use out of compliance with this title.
D.
Uses described in subsection A of this section, and the portion of any structure housing such uses, shall not be enlarged, expanded, or intensified, unless compelled to do so by law.
E.
Extension of Amortization Schedule or Substitution of Use.
1.
Request for Review. An application may be filed with the planning department requesting an extension of the time within which a use described in subsection A of this section must be discontinued and removed from its site as specified in subsection C of this section.
2.
Filing. The department may accept such filing either before or after the date of expiration, but in the latter event no more than 60 days after notification is received from the city of the expiration of the amortization period.
3.
Application and Procedure. Except as specifically provided in this section, the application and all procedure relative to notification, public hearing and appeals shall be the same as for a conditional use permit.
4.
Burden of Proof. In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the commission the following facts:
a.
That to require cessation of such use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and/or
b.
That such use does not now and will not during the extension period requested:
i.
Adversely affect the health, peace or welfare of persons residing or working in the surrounding area,
ii.
Be materially detrimental to the use, enjoyment and valuation of the property of other persons located in the vicinity of the site, and
iii.
Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.
5.
Findings and Decision. The commission may approve an application for extension of an amortization period provided the burden of proof set forth in subsection (E)(4) of this section has been met by the applicant.
6.
Conditions. The commission in approving an application for extension of an amortization period may impose conditions it deems necessary to insure that the approval will be in accord with the findings required. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operations, and maintenance of the uses requested including, but not limited to those specified in Chapter 17.66.
(Prior code § 9403; Ord. 86 § 3, 1993; Ord. 93 § 63, 1993)
§ 17.60.050 Exemptions.
A.
Publicly owned structures and uses are exempt from the provisions of this chapter.
B.
Application for reconstruction shall be subject to Section 17.40.040.
(Prior code § 9404; Ord. 86 § 3, 1993; Ord. 93 § 63, 1993; Ord. 104 § 7, 1993)
§ 17.60.060 Public utilities.
Any public utility use or structure which was legally established or constructed but which is not in compliance with the provisions of this title, or any subsequent amendments thereto, including equipment or other facilities necessary for operating purposes, but excluding offices, service centers or yards, may be added to, extended or altered; provided, there is no change in use or enlargement of the original site established prior to the time such approval was required.
(Prior code § 9405; Ord. 86 § 3, 1993; Ord. 93 § 63, 1993)
