South Pasadena City Zoning Code
ARTICLE VII
Nonconforming Lots, Uses and Buildings
§ 130-39 Continuation of use.
§ 130-40 Regulation of nonconforming uses.
A.
Restoration of partially damaged structures. Any nonconforming building or structure which as a result of fire, explosion or other casualty has less than 50% of its existing floor area made unsafe and/or unusable may be reconstructed as before, provided that the bulk, height and area requirements shall not be in excess of that which existed prior to said damage. Such restoration must be completed within one year of such occurrence, or the use of such building, structure or land as a legal nonconforming use shall thereafter be terminated.
B.
Unsafe structures. Any nonconforming building or structure or portion thereof declared unsafe by a proper authority may be restored to a proper condition.
C.
Alterations and repairs.
(1)
A nonconforming building or structure for other than residential purposes may not be reconstructed or structurally altered during its life to an extent that such alterations exceed, in aggregate cost, 25% of the full valuation of the building or structure, exclusive of the value of land, unless said building or structure is changed to a conforming use. A nonconforming building or structure containing a residential use may be altered in any way to improve interior livability, provided that no structural alteration shall be made which could increase the nonconformity with regard to the number of housing units or the bulk of the building or structure.
(2)
Normal maintenance repairs and incidental alteration of a building or structure containing a nonconforming use shall be permitted, provided that said repairs and alterations do not extend the volume or area occupied by the nonconforming use.
E.
Prior approval. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with existing laws, a permit for which had been duly granted before the date of adoption of this Part 1 or any applicable amendment thereto, provided that said building shall be completed according to such plans.
§ 130-41 Termination of nonconforming uses.
A.
Abandonment. The discontinuation of a nonconforming use for a period of one year and/or the change of use to a more restrictive or conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived. Intent to resume active operations shall not constitute continuance of a nonconforming use.
B.
Fully destroyed structures. For any nonresidential, nonconforming building or structure, which, as the result of fire, explosion or other casualty, has 50% or more of its then existing floor area destroyed, the use of such building or structure as a nonconforming use shall thereafter be terminated, and any new construction shall be in accordance with the regulations of this Part 1. For the purpose of this section, the physical value of the building shall be determined by the Building Official, appealable to City Commission upon recommendations of the Planning and Zoning Board.
C.
Residential rebuilding. All residential buildings will be allowed to be rebuilt to original construction, regardless of extent of destruction or designated zoning, but such rebuilding must conform to the building code and flood requirements in effect at the time of such rebuilding. However, any new construction other than rebuilding must conform to zoning and building codes.[1]
§ 130-42 Existing nonconforming lots.
Where a nonconforming lot exists as a separate entity, and where the lot owner does not own an adjoining lot of the same zoning, then the following may be permitted as special permit uses:
A.
Residential nonconforming lots. In residential districts, a family dwelling may be constructed, provided that the lot is at least 75% in compliance with the lot area, lot width, rear yard, side yard and maximum building coverage requirements of the district.
B.
Commercial nonconforming lots. In the commercial district, a structure not exceeding two stories in height may be constructed for any permitted or special permit use. The off-street parking and loading requirements shall be complied with, and front, side and rear yards shall be in keeping with surrounding areas.
§ 130-42.1 Repair and reconstruction of structures listed in Comprehensive Policy 101.1401.
[Added 6-28-1994 by Ord. No. 94-09]
A.
Purpose. The purpose of this section is to adopt criteria to assure that in the event a structure listed in Comprehensive Plan Policy 101.1401 is damaged or destroyed by hurricane, tornado, fire, explosion, flood or other disaster, it can be repaired or reconstructed in a manner which guarantees that each unit may be restored to the same square footage which existed as of January 26, 1993.
B.
Code requirements.
(1)
Repairs and reconstruction shall adhere to all flood management regulations in effect at the time of the repair or reconstruction. In the event that the flood management regulations require elevation of a structure, the City shall permit the height of the structure to be increased to accommodate the required elevation. In the event that the proposed reconstruction cannot be accomplished, while at the same time satisfying one or more of the following City Code provisions, the City shall grant the owners relief from such Code provisions as necessary to permit the grandfathered units to be restored:
(2)
Nothing contained herein shall relieve owners of the obligation to repair and/or reconstruct in strict compliance with the building and life safety codes[1] in effect at the time of the repair or reconstruction. Nothing contained herein shall be construed to permit the construction of more dwelling units or larger dwelling units than existed on January 26, 1993.
C.
Procedure for reconstruction.
(1)
In cases where repairs are made to an existing structure and the footprint of the structure or structures is not altered, the applicant need only obtain a building permit. Building permits for such repairs shall be issued without review and shall not be subject to Code provisions regarding setbacks, height restrictions, parking requirements, green space, stormwater retention or impervious surface ratio requirements. In the event that the footprint of one or more buildings is proposed for modification, the owners shall submit a post-disaster site plan which must be approved prior to issuance of a building permit. Post-disaster site plans shall not be required to demonstrate compliance with, nor shall the owners be required to obtain a variance from, Code provisions relating to height, setbacks, parking, green space and impervious surface ratios. It is not the intention of this section to relieve any property owners from reconstructing in a manner which conforms to applicable City standards to the extent feasible.
(2)
Review and approval of post-disaster site plans shall be the responsibility of the Planning and Zoning Board, and the procedure shall be identical to the procedure for regular site plan approval. The only criteria which shall be applied are as follows:
(a)
The plan is in compliance with all flood management regulations.
(b)
If the site has property both within and outside of the V Zone, the applicant has to the maximum extent feasible designed the site to avoid placing dwelling units in a V Zone.
(c)
The applicant has complied with the stormwater requirements to the extent feasible.
(d)
The site plan, on balance, is no more nonconforming than the predisaster site, with the exception of any additional height required in order to meet flood management regulations.
(e)
The amount of recreation and open space has not been reduced.