search icon

Woodland Hills City Zoning Code

10.14 Nonconforming

Buildings, Land And Uses

10.14.1 Intent

Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of nonconforming buildings, land and uses are established in order to achieve among others, the following purposes:

  1. Permit the continuance but control nonconformity so as to minimize any adverse affect on the adjoining properties and development;
  2.  Regulate their maintenance and repair;
  3.  Restrict their rebuilding if substantially destroyed;
  4.  Require their permanent discontinuance if not operated for certain periods of time; and
  5.  Require conformity if it is discontinued, to bring about eventual conformity in accordance with the objectives of the general plan and this title.

Statutory reference:

   UCA § 10-9a-511

HISTORY:

(Ord. 1993-05, 6-16-1993)

10.14.2 Lawful Nonconformance

The lawful use of any dwelling, building or structure and of any land or premises as existing and lawful at the time of enacting this title, may be continued, although such use does not conform to the provisions of this title. The completion, restoration, reconstruction, extension or substitution of nonconforming uses shall be subject to the provisions and conditions as set forth in this chapter.

HISTORY:

(Ord. 1993-05, 6-16-1993)

10.14.3 Discontinuance And Abandonment

In the event that the nonconforming use of any dwelling, building or structure and of any land or premises is voluntarily discontinued for one year or more, any future use thereof shall be in conformity with the provisions of this title.

HISTORY:

(Ord. 1993-05, 6-16-1993)

10.14.4 Maintenance And Repair

A nonconforming building may be continued to be used and normal repairs and improvements may be made. For the purpose of this chapter, normal repairs shall include the ordinary maintenance of a building or structure, and the replacement of equipment which is required for safety of operation, and the replacement or substitutions of machinery or equipment. A nonconforming residential building may be enlarged if the required yard areas are met in accordance with the requirements of section 10-11-4 of this title.

HISTORY:

(Ord. 1993-05, 6-16-1993)

10.14.5 Restoration Of Damaged Structure

  1. Damage Of Sixty Percent Or More: Any nonconforming building or structure, except a one-family residence, which has been destroyed or damaged by fire, other casualty, act of God or by a public enemy to the extent of sixty percent (60%) or more of its cost of restoration to the condition in which it was before the occurrence, shall thereafter conform to all the provisions of this title.
  2. Damage Less Than Sixty Percent: The total structural repairs, improvements and alterations, including repairs occasioned by fire, other casualty, act of God or by a public enemy to the extent of less than sixty percent (60%) of its cost of restoration, shall not, during the life of the structure or use after the enactment of this title, exceed sixty percent (60%) of the reproduction value of the structure as of the date of enactment of this title, unless the structure or use be permanently changed to a conforming use.
  3. Determination Of Value: Determination of the reproduction value shall be made by three (3) practicing building construction contractors, one (1) to be appointed by the owner, one (1) to be appointed by the city and the third to be selected by the mutual consent of the two (2) parties.
  4. Time Limits: In the case of repair or replacement of partial destruction of the structure, a building permit must be applied for within six (6) months of the destruction and repairs must be completed within six (6) months of the issuance of the permit or the nonconforming structure or use shall be considered to be abandoned.

HISTORY:

(Ord. 1993-05, 6-16-1993)

10.14.6 Extensions Or Enlarging

Any nonconforming building shall not be enlarged or structurally altered except to make it a conforming building. A nonconforming residential building may, however, be enlarged in accordance with the provisions of section 10-14-4 of this chapter. A nonconforming use may not be extended within a building, enlarged or added to in any manner.

HISTORY:

(Ord. 1993-05, 6-16-1993)

10.14.7 Nonconforming Change Prohibited

The use of a nonconforming building may be changed only to a use conforming to the district in which the building is located if approved by the planning commission. Thereafter, it shall not be changed back to the former nonconforming use.

HISTORY:

(Ord. 1993-05, 6-16-1993)

10.14.8 Moving Nonconforming Structures

A nonconforming structure may be moved to a different location on the same lot or other parcel of land within the district, with approval of the planning commission, after a hearing, and provided proper and adequate alterations are secured to make the structure conform to the regulations of the district where it is located.

HISTORY:

(Ord. 1993-05, 6-16-1993)

10.14.9 Nonconforming Parking Facilities

A building or use existing lawfully at the time this title or any amendment thereto which became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. However, any additional parking spaces that may be provided thereafter shall comply with the regulations set forth in chapter 16 of this title. If the existing building is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street parking facilities, then off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accordance with all provisions of chapter 16 of this title.

HISTORY:

(Ord. 1993-05, 6-16-1993)

10.14.10 Nonconforming Due To Amendments

The foregoing provisions of this chapter shall also apply to buildings, structures, land or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments made to this title.

HISTORY:

(Ord. 1993-05, 6-16-1993)