Pico Rivera City Zoning Code
CHAPTER 18
54 NONCONFORMING USES
§ 18.54.010 Purpose of provisions.
The intent and purpose of this chapter is to establish regulations and procedures applicable to unusual uses of land where the circumstances and conditions require special attention, and where the application of this chapter during the course of the administration and enforcement, results in the inconsistency with the general intent and purpose thereof.
(Prior code § 9213.01)
§ 18.54.020 General regulations.
Regulations governing nonconforming uses shall be as set out in this chapter.
(Prior code § 9213.03)
§ 18.54.030 Nonconformity-Determination.
It shall be the duty and responsibility of the zoning administrator to determine and substantiate the existence of any nonconforming use.
(Prior code § 9213.03(A))
§ 18.54.040 Regulations applicable.
The regulations set out in this chapter shall apply to all nonconforming uses of land.
(Prior code § 9213.03 (B))
§ 18.54.050 Legally existing developments of record.
Whenever a development of record existed legally prior to the adoption of the ordinance codified in this zoning code, and because of the application thereof such development is nonconforming with respect to the property development regulations of Chapter 18.42 of this title, such development may remain as lawfully existing, provided that any addition or alterations are made to comply with this title, except as further set forth in Section 18.54.060 below.
(Prior code § 9213.03 (B)(1))
§ 18.54.060 Continuation of use-Conditions.
Each and every nonconforming use may be continuously maintained and utilized, provided that no intensification or increase in the degree of nonconformity shall be permitted. Continuation of such nonconforming use shall be limited by and subject to the provisions and application of Sections 18.54.070, 18.54.080 and 18.54.090(A) of this chapter, and in the following cases:
A.
Exception I. Nonconforming uses may be intensified, and the degree of nonconformity may be expanded, if the original structure and the expansion are made to conform with the provisions of this title.
B.
Exception II. Structural alterations, required by law, may be constructed.
C.
Exception III. Alterations or additions to nonconforming single-family dwellings may be made without complying with the parking regulations of this title provided that the existing dwelling contains a legally permitted one-car garage or carport. In addition to said parking, the existing driveway leading to the garage or carport shall be widened to accommodate a nine-foot by twenty-foot open parking space in compliance to Section 18.44.050B(2) of this title. In the event that the existing driveway cannot be widened due to existing physical obstructions, the existing driveway shall be considered to comply with required parking provisions of this title. Garage conversions shall not be exempt from the parking regulations of this title. Existing single-family dwellings may improve nonconforming driveways that do not lead to required parking provided that the driveway does not exceed ten feet in width and not increase in length.
D.
Exception IV. Side yard setbacks for nonconforming single-family dwellings and detached accessory structures may be reduced to a minimum of three feet to permit expansion in line with existing building walls.
E.
Exception V. Minor alterations or additions to existing legal nonconforming commercial or industrial buildings may be constructed, provided that the addition conforms to the provisions of this title.
F.
Exception VI. Residential structures and uses, and equestrian structures and uses, legally existing and permitted, located on property annexed to the city in 1996—1997 and prezoned industrial general (I-G) shall not be subject to Section 18.54.070 or Section 18.54.080, and may be continued in use and may be reconstructed after any amount of accidental destruction caused by fire, explosion or other casualty or act of God. In all other respects, such uses and structures shall comply with Chapter 18.54 of the Pico Rivera Municipal Code.
(Prior code § 9213.03 (B)(2); Ord. 778 § 1, 1990; Ord. 834 § 15, 1993; Ord. 888 § 3, 1996)
§ 18.54.070 Termination-By operation of law.
A.
The nonconforming use of land shall be abated and usage thereof shall be terminated upon the expiration of the periods of time hereinafter set forth in this section. Such periods of time shall be deemed to commence to run as of the effective date of this section or the date that such nonconforming use of land first became nonconforming by reason of application of this zoning code thereto, whichever occurs later.
B.
Nonconforming Adult Establishments, Businesses or Other Adult Uses Discontinuance Required Within Three Years. Notwithstanding other provisions of this code, within three years after the effective date of the ordinance codified in those sections of this code relating to land uses characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, such uses shall be discontinued or shall be brought into full compliance with local regulations.
C.
Where the property is unimproved, including, but not limited to, areas used for vehicle off-street parking facilities, one year.
D.
Where the property is unimproved, except for structures of a type for which the building code does not require a building permit, three years.
E.
Where the property is unimproved except for a structure which contains less than one hundred square feet of gross floor area, three years.
F.
A nonconforming use housed in a nonconforming building, as set forth by subsection H or change of use, whichever comes first.
G.
A nonconforming use of a conforming building or structure, ten years or change of use, whichever comes first.
H.
Termination of Nonconforming Buildings or Structures by Operation of Law. Nonconforming buildings or structures shall be abated and usage thereof shall be terminated upon the expiration of the period of time indicated hereafter.
(Prior code § 9213.03 (B)(4); Ord. 610 § 3, 1979; Ord. 611 § 3, 1979; Ord. 765 § 49, 1989)
§ 18.54.080 Termination-By destruction.
Any nonconforming use of land shall be terminated if destroyed to the extent of more than fifty percent at the time of its destruction physically by fire, explosion or other casualty or act of God, and/or destroyed to the extent of more than fifty percent of the value existing prior to the time of such destruction. For the purposes of arriving at such value, the building official shall determine the valuation of such nonconforming use that existed prior to such destruction by such accepted principles, practices, methods and other resources available.
(Prior code § 9213.03 (B)(3))
§ 18.54.081 Termination By abandonment.
Any nonconforming use of land shall be terminated if it ceases such use for a continuous period of six months and any subsequent uses shall comply fully with the provisions of this chapter.
(Ord. 765 § 50, 1989)
§ 18.54.090 Abatement-Authorized when Procedures.
§ 18.54.100 Abatement-Determination as nuisance.
The planning commission shall have the authority to make a finding and determination that the continuation of a nonconforming use results in a nuisance, as defined in the Civil Code of the state of California, and/or is detrimental to the public health, safety and general welfare. The planning commission shall provide for the abatement of such nuisance and/or detrimental condition, or, in the alternative, terminate such nonconforming use, in the manner hereinafter provided.
(Prior code § 9213.03 (C)(1))
§ 18.54.110 Abatement-Investigation by planning commission.
Whenever any nonconforming use is so exercised so as to constitute a nuisance and/or condition detrimental to the public health, safety and general welfare, the planning commission on its own initiative shall make, or cause to be made, such investigations deemed necessary and essential to substantiate same, and shall fix a date upon which such nuisance and/or detrimental condition shall be abated, at a public hearing as hereinafter provided. Such investigation shall also include necessary and essential facts to substantiate and fix a date upon which the nonconforming use shall be terminated in event it is determined, by the planning commission at the hearing, that the conditions or circumstances constituting such nuisance and/or detrimental condition cannot be abated. In performance of this investigative function, the planning commission shall consider all pertinent data in conjunction therewith and shall allow the owner, lessee or other person having a vested interest therein, if there be such, to present such evidence as they may possess and which will bear directly on such matter.
(Prior code § 9213.03 (C)(2))
§ 18.54.120 Abatement-Notice to owner.
When the date for abatement of a nuisance, detrimental condition and/or termination of a nonconforming use has been determined, the planning commission, by notice of abatement nuisance and/or detrimental condition or notice of termination of nonconforming use, shall establish such date, and set forth such facts as bear upon the case upon which the determination of the abatement or termination is based, and shall formally notify the owner, lessee or other person having a vested interest therein of its action forthwith.
(Prior code § 9213.03 (C)(3))
§ 18.54.130 Abatement-Public hearing requirements.
Prior to the notice of abatement of nuisance and/or detrimental condition or notice of termination of nonconforming use taking effect, the planning commission shall hold a public hearing conducted in the following manner:
A.
Setting of Hearing. The planning commission shall set a public hearing for consideration of the notice of termination not less than ten days nor more than thirty days from the date of filing or adoption of such notice.
B.
Notice of Hearing. Notice of the time, date and place of the public hearing shall be given in the following manner:
1.
By at least one publication in a newspaper of general circulation within the city in an edition published therefor not less than ten days prior to the date set for said public hearing; and
2.
By the mailing of such notice of public hearing not less than ten days prior to the date set for such hearing to the owner, lessee or other person having a vested interest therein, and to all owners of property within a radius of three hundred feet measured from the external boundaries of the property described in such notice, of which such owners and property appear on copies of the equalized assessment roll of Los Angeles County on file in the office of the county assessor. Any error in the copy of the assessment roll shall not invalidate any act of the planning commission or city council, as the case may be. In addition thereto, one copy of such notice shall also be posted on the property for which such public hearing is being held.
C.
Form, Wording and Content of Notices. The form, wording and content of notices of public hearings shall consist of the words "NOTICE OF TERMINATION OF NONCONFORMING USE," and shall set forth the day of the week, date, place or exact location, time, file number or other identification, description of the nonconforming condition, exact legal description of the nonconforming condition, exact legal description of the property, and the address or general location thereof relative to the public hearing or hearings to be held on the matter. Such notices shall appear in a format acceptable to the planning commission.
D.
Findings. The planning commission, upon hearing all testimony, upon examination and review of all submitted evidence, upon ascertaining all other pertinent facts relative thereto, and in conclusion of the public hearing shall by resolution set forth its findings, actions and decisions thereon.
E.
Announcement of Findings Notice, Finality and Decisions.
1.
The planning commission shall announce its findings and decisions by formal written resolution within forty days after conclusion of the public hearing. Such resolution shall recite and set forth, among other things, the findings of fact, reasons, conditions, determinations and other matters which, in the opinion of the planning commission, make the termination of a nonconforming use necessary, and shall order same.
2.
The planning commission shall forthwith give the owner, lessee or other person having a vested interest therein, and the zoning administrator, written notice of its actions and decisions, together with a copy of the notice of termination of nonconforming use and such resolution.
(Prior code § 9213.03 (C)(4); Ord. 765 § 51, 1989)