CITY OF

HERMOSA BEACH

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MUNICIPAL CODE 
ON-LINE

ZONING

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Chapter 17.52

NONCONFORMING BUILDINGS AND USES

	17.52.010	General goals.
	17.52.020	Continuance and maintenance.
	17.52.030	Expansion, remodeling and alteration.
	17.52.035	Requirements for buildings nonconforming to parking requirements
	17.52.040	Nonconforming use limits other uses.
	17.52.050	Change in status of nonconforming use.
	17.52.060	Nonconforming commercial and manufacturing businesses subject to the requirement for a conditional use permit.
	17.52.070	Reconstruction of a damaged nonconforming building.

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17.52. 010   General goals.

The goals of the City related to the nonconformity that exists throughout the City as a result of zone changes and ordinance amendments are as follows:

1. To allow buildings, whether they are occupied by a nonconforming use or nonconforming to zoning standards, to remain and be maintained, and to allow limited alteration and expansion of said buildings when certain criteria are met and to encourage such alteration and expansions to incorporate architectural consistency within the project;
2. To encourage restoration and maintenance of existing residential buildings;
3. To limit expansion of nonconforming buildings and uses that are deficient as to parking, or significantly exceed residential density requirements.

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17.52. 020   Continuance and maintenance.

    The nonconforming use of a building may be continued, provided any structural alteration or expansion shall comply with Section 17.52.030

When a use which is nonconforming to the use regulations for the district where it is located is vacated or discontinued for ninety (90) consecutive days or more, the nonconforming use will be deemed abandoned, and any future use of such building shall conform to the provisions of the zone in which it is located.

A nonconforming structure may be maintained and the use therein continued, provided any structural alteration or expansion shall comply with Section 17.52.030

Routine maintenance and repairs, repairs and/or replacement to plumbing, electrical wiring and similar work, shall not be considered structural alterations within the meaning of this Chapter, and may be performed on nonconforming structures and buildings containing nonconforming uses.

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17.52. 030   Expansion, remodeling and alteration.

Buildings containing nonconforming uses, and nonconforming buildings are subject to the following standards:

1. Buildings Containing Nonconforming Uses.
   1. Structural removal allowed:
      1. Portions of the structure that currently conform to the provisions of this Title may be removed and replaced, as long as the foundation and floor systems remain intact.
      2. Any existing nonconforming portions of the structure (e.g. a wall nonconforming to a yard requirement, or a roof non-conforming to height requirements) may be partially modified or altered only to the extent necessary to satisfy the Uniform Building Code as recommended by a certified structural engineer but shall not be completely removed and replaced, and if completely removed must be brought into compliance with current requirements.
   2. Expansion allowed:
      1. Maximum of fifty (50) percent expansion in floor area of the existing building(s) on the building site that existed prior to October 26, 1989, provided that for residential uses the expansion does not result in greater than 3,000 square feet of floor area for each dwelling unit but in no event exceeds 5,000 square feet of total floor area for the building site. The percentage increase in floor area shall be calculated by comparing the existing floor area (excluding any expansion that occurred after October 26, 1989), against the proposed increased floor area excluding garages, accessory structures, basements that are completely below grade, and balconies or decks.
      2. Expansion not permitted if residential density exceeds forty-five (45) units per acre.
      3. For buildings nonconforming to current parking requirements of Chapter 17.44 pertaining to off-street parking, refer to Section 17.52.035.
2. Nonconforming Buildings.
   1. Structural removal allowed:
      1. Portions of the structure that currently conform to the provisions of this Title may be removed and replaced, as long as the foundation and floor system remain intact.
      2. Any existing nonconforming portions of the structure (e.g. a wall nonconforming to a yard requirement, or a roof non-conforming to height requirements) may be partially modified or altered only to the extent necessary to satisfy the Uniform Building Code as recommended by a certified structural engineer but shall not be completely removed and replaced, and if completely removed must be brought into compliance with current requirements.
   2. Expansion allowed:
      1. Maximum of one hundred (100) percent expansion in floor area of the existing building(s) on the building site that existed prior to October 26, 1989, provided that for residential uses the expansion does not result in greater than 3,000 square feet of floor area for each dwelling unit but in no event exceeds 5,000 square feet of total floor area for the building site. The percentage increase in floor area shall be calculated by comparing the existing floor area (excluding any expansion that occurred after October 26, 1989), against the proposed increased floor area excluding garages, accessory structures, basements that are completely below grade, and balconies or decks.
      2. Expansion shall conform to current codes.
      3. For buildings nonconforming to current parking requirements of Chapter 17.44 pertaining to off-street parking, refer to Section 17.52.035.
      4. Existing nonconforming stairways: Existing nonconforming stairways that encroach into required yard areas and that provide legally required access to legal dwelling units, may be fully reconstructed if beyond repair, provided no other reasonable location is available that does not require major reconfiguration or alteration of the structure. Said stairways, if reconstructed or replaced to allow continued access to the dwelling unit, shall be constructed in conformance with Chapter 34 of the Uniform Building Code; shall be constructed of non-combustible materials; shall conform to handrail, guardrail, tread depth, and riser requirements; and, shall not contain storage areas below. No replacement of said stairways shall be allowed in conjunction with an expansion and/or remodel project that exceeds a 100% increase in floor area.

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17.52. 035   Requirements for buildings nonconforming to parking requirements

1. The following limitations on expansion apply to residential buildings on building sites containing two dwelling units or less that are nonconforming as to the number of parking spaces required on the building site, including guest parking spaces, based on the number of parking spaces available that meet all the requirements of Chapter 17.44, or that meet the exceptions of sub-section B. In the event of conflict between the limitation contained in this section and Section 17.52.030, the more restrictive shall apply.
   1. Building site provides less than one parking space per unit: A maximum expansion of one hundred (100) square feet of floor area may be constructed; provided, however, that up to five hundred (500) square feet may be added if one or more parking spaces are added to the building site, even if the resulting total is less than one parking space per unit.
   2. Building site provides one or more but less than two parking spaces per unit: A maximum expansion of five hundred (500) square feet may be constructed.
   3. Building site provides two or more parking spaces per unit but provides insufficient guest parking: An expansion as allowed by Section 17.52.030
2. Exception: Existing parking spaces that do not comply with the 20-foot minimum length requirement, turning radius requirements, the minimum 9-foot driveway width requirement, the alley or street setback requirement, and/or the driveway slope requirement, which provide at least the following for each standard, shall be deemed conforming to these requirements and shall be considered complying parking spaces for existing residential buildings:
   • Length: Minimum 17 feet 6 inches (inside measurement)
   • Turning Radius: Minimum 20 feet (measured from far side of alley or street)
   • Driveway Width: Minimum 8 feet
   • Driveway Slope: Maximum 15%
   • Alley or Street Setback: As necessary to provide a 20-foot turning radius
   Residential buildings that have the minimum required parking spaces meeting at least the criteria contained in this exception and have no other nonconforming conditions shall be considered conforming buildings and are not subject to the expansion limitations of this chapter.
3. Building sites containing three or more dwelling units shall not be expanded in floor area unless the site provides two parking spaces per unit plus one guest space for every two units.
4. Nonresidential buildings in a C or M zone nonconforming as to parking may be expanded only if applicable parking requirements for the amount of the expansion area are satisfied.
5. When the use of an existing commercial, manufacturing or other non-residential building or structure is changed to a more intense use with a higher parking requirement the requirement for additional parking shall be calculated as the difference between the required parking as stated in Section 17.44.030 for that particular use as compared to the requirement for the existing or previous use, which shall be met prior to occupying the building unless otherwise specified in Chapter 17.44.

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17.52. 040   Nonconforming use limits other uses.

    While a nonconforming use exists on any lot, and it is the only use on the lot, no new use may be established thereon even though such other use would be a conforming use. While a nonconforming use occupies a portion of a lot or building with multiple uses no new use may be established within that portion of the lot or building which the existing nonconforming use occupies. (Ord. 95-1124 § 1 (part), 1995: prior code Appx. A, § 13-3)

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17.52. 050   Change in status of nonconforming use.

    If an existing nonconforming manufacturing, commercial or residential use is vacated or removed and it is succeeded by another use, this shall be deemed the termination of the existing nonconforming use, and thereby immediately loses any vested right to continue. A nonconforming use may be succeeded by a use which is itself nonconforming, provided the degree of nonconformity is less intensive (e.g., requires less parking or results in fewer dwelling units).
    It is the intent of this section to allow for an improvement in the degree of nonconformity of a use utilizing existing structures. It is not intended to allow the construction of new structures in violation of the provisions of this chapter.
    The planning commission shall make determinations as to whether a use is less intensive upon request. (Prior code Appx. A, § 13-4)

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17.52. 060   Nonconforming commercial and manufacturing businesses subject to the requirement for a conditional use permit.

1. Nonconforming Alcohol Beverage Establishment--On and Off-Sale. This conditional use permit process, established pursuant to this chapter, shall apply to establishments which sell alcohol and fall into any category of use which requires a conditional use permit in order to sell alcoholic beverages in the city. All establishments which do not possess a conditional use permit for the sale of alcoholic beverages on the effective date of Ordinance No. 86-865 shall be required to apply for a conditional use permit within two years of the effective date of the ordinance codified in this chapter.
       Upon the filing of an application, each establishment must diligently prosecute its application and receive a conditional use permit under the standards in effect at the time of the effective date of this ordinance. Said application must be heard before the planning commission within six months of the filing of the application. Any applicant may be granted an extension of time within which to receive their conditional use permit if they can demonstrate to the planning commission there is good cause for an extension of time necessary to receive the permit.
       If no permit is either sought or granted within the time periods specified above, such establishment shall no longer have the legal authority to sell alcoholic beverages within the boundaries of the city.
2. Remaining Nonconforming Commercial and Manufacturing Establishments Subject to the Requirement for a Conditional Use Permit. The conditional use permit process, established pursuant to this title, shall apply to the types of business establishments as identified on the commercial and manufacturing permitted use lists in Chapters 17.26 and 17.28. All such establishments which do not possess a conditional use permit as required by Chapters 17.26 and 17.28 on the effective date of Ordinance No. 90-1041 shall be required to apply for a conditional use permit within two years from the date of receiving notification from the city of the requirement to apply for a conditional use permit.
       Upon receiving notification from the city, each establishment shall have a maximum of two years to apply for a conditional use permit, and once application is made it must diligently pursue its application and receive a conditional use permit. Said application must be heard before the planning commission within six months of the filing of the application. Any applicant may be granted an extension of time within which to receive their conditional use permit if they can demonstrate to the planning commission there is good cause for an extension of time necessary to receive the permit.
       If no permit is either sought or granted within the time periods specified above, the establishment, or the potion of the establishment, conducting an operation subject to a conditional use permit requirement shall no longer have the legal authority to operate. (Prior code Appx. A, § 13-5)

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17.52. 070   Reconstruction of a damaged nonconforming building.

1. Residential buildings. A nonconforming residential building damaged by fire, explosion or other casualty or act of God, or the public enemy, may be restored to its pre-damaged condition and the occupancy or use of such building or part thereof which existed at the time of such destruction may be continued as long as the cause of the destruction is not intentionally perpetrated by the owner and provided that:
   1. The rebuilt structure conforms as closely as possible to current parking and other zoning standards (such as setbacks);
   2. There is no increase in any nonconformity;
   3. The height of the building or buildings does not exceed twenty (20) percent more than permitted by the zone in which it is located;
   4. The basic structural features, setbacks, floor area, and room sizes can be duplicated in compliance with current building and safety codes;
   Should the restoration deviate in any respect from the pre-damaged condition of the building, any such deviation shall conform in all respects with the current requirements of this title.
2. Commercial/Industrial Buildings. A nonconforming commercial or industrial building located in the commercial or manufacturing zones damaged by fire, explosion or other casualty or act of God, or the public enemy, may be restored to its pre-damaged condition and the occupancy or use of such building or part thereof which existed at the time of such destruction may be continued as long as the cause of the destruction is not intentionally perpetrated by the owner and provided that:
   1. The rebuilt structure does not exceed the gross floor area and footprint of the building prior to damage or destruction;
   2. There is no increase in the occupant load of the building or of any nonconforming condition;
   3. The damaged building can be duplicated to its pre-damaged condition in compliance with current building and safety codes;
   4. Reconstruction includes installation of a fully code complying fire sprinkler system.
   Should the restoration deviate in any respect from the pre-damaged condition of the building, any such deviation shall conform in all respects with the current requirements of this title.
3. If damage to structures is so widespread throughout the city due to a major emergency (such as an earthquake or citywide fire) that the City Council or other government authority declares a state of emergency, this section will be superseded by any action of the City Council taken at that time in regards to reconstruction of damaged buildings. (Ord. 06-1275 § 5, Dec. 2006; 93-1086 § 1, 1993: prior code Appx. A, § 13-6)

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