It is the intent of these regulations to provide for the termination of nonconforming buildings and uses in order to promote the public health, safety and general welfare and to bring such buildings and uses into conformity with the goals and policies of the Westlake Village General Plan. This Section is intended to prevent the expansion of nonconforming uses and buildings, establish the circumstances under which they may be continued and provide for the removal, correction or change of such uses and buildings.

A legal nonconforming building is a structure which lawfully existed prior to the effective date of applicable sections of this Article, but by reason of the adoption of this Article, or any amendment thereto fails to conform to the present requirements of the zoning district in which it is located.

A.

General Requirements:

1.

A nonconforming building which is damaged to an extent of one-half of more of its replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this Article. The replacement cost shall be determined by the Chief Building Official, whose decision may be appealed to the City Council.

2.

Changes to interior partitions or other non-structural improvements and repairs may be made to a nonconforming building to the extent of not more than one-half its current replacement cost over any five (5) year period.

3.

Structural elements may be modified where the Chief Building Official determines such modification is immediately necessary to protect the health and safety of the public or occupants of the nonconforming building or adjacent property, provided that said modifications do not exceed a cost equal to two (2) of the structure's present replacement value.

4.

If the use of a nonconforming building is discontinued for a period of twenty-four (24) months or more, the building shall lose its nonconforming status, and shall thereafter be removed or altered to conform to the provisions of this Article.

5.

A building or structure nonconforming due to parking standards may be occupied by any use permitted in the zone in which it is located having the same or a lesser parking requirement, subject to the limitations and conditions governing such use as specified in the zone.

6.

A building or use nonconforming because of outdoor storage requirements shall be made to conform with such standards within ninety (90) days.

(Ord. No. 192-05, Amended, 3/9/05)

A legal nonconforming use is one which lawfully existed prior to the effective date of applicable chapters of this Article, but which is not now permitted or conditionally-permitted in the zone in which it is located.

A.

General Requirements:

1.

Change of ownership, tenancy or management of a nonconforming use shall not affect its legal nonconforming status.

2.

A nonconforming use may be continued, provided that a nonconforming use which ceases for a period of thirty (30) days shall lose its nonconforming status, and the premises on which the nonconforming use was located shall from then on be used for conforming uses only.

3.

A lot or portion thereof occupied by a nonconforming use may be further developed by the addition of conforming uses and structures provided a variance request is approved by the Commission.

4.

Any nonconforming use which is nonconforming only because of the absence of a City-approved permit, shall be deemed a conforming use upon securing the approval of such permit.

5.

Any nonconforming use may be changed to a conforming use provided that all applicable permit requirements and standards of this Article are satisfied. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed.

6.

Where a zone exception granted prior to November 5, 1971, may be granted as a variance under present provisions of this Article, it shall be deemed a variance.

7.

Where a zone exception granted prior to November 5, 1971, may be granted as a conditional use permit under present provisions of this Article, it shall be deemed a conditional use permit.

8.

Where a conditional use permit or variance or other approval has been granted prior to the incorporation of the City and may be granted under present provisions of this Article, it shall be deemed to continue subject to all the provisions of such grant.

9.

Where a special use permit has previously been granted, it shall be construed to mean a conditional use permit.

(Ord. No. 112, Amended, 06/12/91; Ord. No. 192-05, Amended, 3/9/05)

Any lot, the area, dimensions or location of which was lawful on the effective date of this Article, but which fails by reason of such adoption or amendment to conform to the present requirements of the zoning district, shall be considered buildable for the purposes of this Article.

(Ord. No. 112, Amended, 06/12/91)

The following legal nonconforming buildings and uses shall be discontinued or removed or altered to conform to the provisions of this Article within the following time limits from the effective date of this Article, and upon the finding by the Director that the continuance of the nonconforming building or use for the specified time would not be detrimental to the public health, safety and general welfare:

1.

A nonconforming use which does not occur within a structure - ninety (90) days;

2.

A nonconforming use occurring within a structure having a replacement value of not more than one thousand five hundred dollars ($1,500) - ninety (90) days;

3.

Legal signs in existence on the effective date of this Article which are prohibited by the provisions of this Article, and which were in conformance with the regulations applicable to signs in existence prior to December 11, 1981, shall be removed or so altered as to conform to the provisions of this Article as follows:

(Ord. No. 112, Amended, 06/12/91; Ord. No. 192-05, Amended, 3/9/05)

Nothing contained in this Section shall be construed or implied so as to require the removal of public utility buildings, structures, equipment or facilities, provided that there is no change of use and no enlargement of the land area devoted to such use.

When any nonconforming building or use is required to be eliminated pursuant to the provisions of this Section, no building permit shall thereafter be issued for further continuance, alteration or expansion of the nonconforming building or use. The issuance of said permit or certificate in error shall not be construed as allowing the continuation of the nonconforming building or use.

Nothing contained in this Section shall be construed or implied so as to allow for the continuation of illegal nonconforming buildings and uses. Said uses shall be removed immediately upon notification by the Director.