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Rolling Hills City Zoning Code

Chapter 17.24

NONCONFORMING USES AND STRUCTURES

Sections:


17.24.010 - Purpose.

The City recognizes that certain property rights are associated with nonconforming uses and structures, but that those rights must be exercised in a manner which is not detrimental to public health, safety and general welfare. This chapter establishes regulations intended to ensure the protection of all rights toward these ends.

(Ord. 239 §11(part), 1993).

17.24.020 - Continuance of nonconforming rights.

Nonconforming uses and structures may continue to be used and maintained in accordance with the provisions of this chapter. Illegal uses or structures shall have no such rights and shall be made conforming or shall be removed.

(Ord. 239 §11(part), 1993).

17.24.030 - Limits on nonconforming uses.

The following limits shall apply to nonconforming uses:

A.

As long as a nonconforming use exists on a lot, no new use may be established on that lot even if such other use would be a conforming use.

B.

Nonconforming uses may be continued, provided that such use is not expanded or extended into any other portion of the building it occupies, nor any structural alterations to the building are made, except those required by law.

C.

If a nonconforming use is discontinued for any period of time, the legal nonconforming rights of that use shall cease, and any future use of the building shall conform to the provisions of this title.

(Ord. 239 §11(part), 1993).

17.24.040 - Limits on structures nonconforming due to standards.

The following limits shall apply to structures nonconforming due to standards contained in this title:

A.

A nonconforming structure may not be expanded or altered in any way that would increase the nonconformity.

B.

Legal, conforming additions to nonconforming structures may be made without bringing the existing nonconforming portion into conformance with the provisions of this title. However, in the design of the addition, attempts should be made, where feasible, to reduce or eliminate the nonconformity.

C.

An existing accessory structure which is a legal nonconforming structure, due to its size, may be brought into conformity with the provisions of this title; specifically, where the size of the legal nonconforming structure is reduced through the conversion of an adequate portion of the legal nonconforming accessory structure into a legal accessory dwelling unit (pursuant to Chapter 17.28 of this title).

(Ord. 239 §11(part), 1993).

(Ord. No. 358, § 3, 2-12-2018)

17.24.045 - Dwelling units nonconforming due to setbacks on smaller lots.

A.

Notwithstanding the provisions of Sections 17.24.040, 17.24.050 and 17.24.060, the following reduced setback limits shall apply to properties in the RAS-1 zoning district having a lot area of 1.25 acres or less, excluding roadway easement(s), and developed with single-family dwelling structures existing as of May 23, 2012, that have nonconforming setbacks, subject to the conditions set forth in subsection (B) below:

1.

A front yard setback line for a reconstructed single-family dwelling unit shall be either: (a) no less than fifty feet from the front roadway easement line or (b) up to the footprint of the existing legally permitted residence, whichever is less, except that in no place shall the front yard setback line be less than thirty feet from the front roadway easement line.

2.

An interior side yard setback line shall be no less than twenty feet from the side property line, except that if a portion of an existing single-family dwelling is located less than twenty feet from the side yard setback line, the side yard setback line may be the footprint of the existing legally permitted residence, except that in no place shall the side yard setback line be less than ten feet from the side yard property line.

3.

A street side yard setback line shall be no less than ten feet from the street side roadway easement line.

B.

The reduced setback requirements set forth in this section shall be permitted subject to the following conditions:

1.

The reduced setback requirement applies only to single-family dwellings and not accessory structures. Attached garages are deemed to be part of the single-family dwelling for purposes of this chapter.

2.

The single-family dwelling must comply with all other requirements of this title to apply the less restrictive setback requirement of this section.

3.

Projections beyond the reduced setback lines set forth in this section shall only be permitted as follows: [4]

a.

Projecting architectural features shall not be permitted beyond the reduced setback lines set forth in this section except that eaves or roof overhang may project to a maximum two feet; and

b.

Uncovered projecting porches may extend beyond the reduced setback lines set forth in this section no more than four feet.

4.

Front Yard Landscaping. A minimum of sixty percent of the front yard area shall be maintained as landscaped area. Front yard shall be as is defined in Section 17.12.250 "Y".

5.

Driveways. Only one driveway approach shall be permitted.

(Ord. No. 326, § 9 (Exh. A, Pt. II), 4-23-2012)

Footnotes:
--- (4) ---

Note— Refer to Section 17.16.140 for the standards for permitted projections that apply in the absence of a more restrictive standard set forth in this chapter.


17.24.050 - Reconstruction.

A.

Residential Structures. Any nonconforming primary residential structure in the RA-S zone, which is damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, may be reconstructed to the conditions that existed prior to the casualty provided the structure existed as a legally established structure. An addition of no more than nine hundred ninety-nine square feet may be allowed provided the added area complies with the provisions of this title. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost.

B.

All Other Structures, Except Stables. Any nonconforming structure, except as defined in subsections (A) and (D) of this section, destroyed by fire, explosion, earthquake or other casualty or act of God or the public enemy may be restored to the conditions that existed prior to the casualty and the occupancy and use of that structure resumed, provided the structure existed as a legally established structure and provided such destruction does not exceed fifty percent of the assessed value of the structure. The records of the Los Angeles County Assessor for the fiscal year in which the destruction occurred shall be used in determining the assessed value, and said value shall include only property improvements. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost.

C.

Site plan review, or other discretionary permit, shall not be required for reconstruction as set forth in subsections A and B of this section.

D.

Stables. Any nonconforming stable partially or totally destroyed by fire, explosion, earthquake or other casualty or act of God or the public enemy may be restored to the conditions that existed prior to the casualty and the use of the stable resumed, provided the stable existed as a legally established stable and provided that building permits are obtained for the reconstruction and/or repairs. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion, except that stables destroyed by the August 2009 fire may be repaired and/or reconstructed and construction completed by August 31, 2013. Otherwise, the legal nonconforming status shall be lost.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 239 §11(part), 1993).

(Ord. No. 324, § 9 (Exh. A, Pts. M, N), 8-8-2011; Ord. No. 326, § 9 (Exh. A, Pt. IV.1), 4-23-2012)

17.24.060 - Maintenance.

Ordinary maintenance and repair of a nonconforming structure or of a building containing a nonconforming use shall be permitted as necessary to ensure the protection of general health, safety, and welfare. Ordinary maintenance and repair includes painting, plumbing repair and repairs necessary to meet property maintenance and public health regulations.

(Ord. 239 §11(part), 1993).

17.24.070 - Applicability to future nonconformities.

The provisions of this chapter shall apply to structures, land and uses which hereafter become nonconforming due to any reclassification of zones or change in development standards governed by this title.

(Ord. 239 §11(part), 1993).

17.24.080 - Public service and utility exemptions.

Nothing contained in this title shall be construed or applied to prevent the expansion, enlargement, modernization or replacement of legally established public service and public utility buildings and uses, provided such modifications do not change the land use or increase the land area so used.

(Ord. 239 §11(part), 1993).