ARTICLE 8 NONCONFORMING USES AND STRUCTURES -------------------- (go to main index)

Sections:

10-2.2000 Purpose.

10-2.2002 Nonconforming uses.

10-2.2004 Nonconforming structures.

10-2.2006 Nonconforming signs and billboards.

The specific purposes of this article are:

• (a) To limit the number and extent of nonconforming uses which conflict with the provisions of this title by restricting their enlargement, their reestablishment after abandonment, and their alteration or restoration after destruction of the structures they occupy.
• (b) To eventually eliminate nonconforming uses or provide for their alteration to conform with the provisions of this title.
• (c) To allow structural improvements and minor additions to structures containing nonconforming uses to be considered in order to prevent these structures from becoming blighted and having detrimental impacts on the surrounding neighborhood, provided that such improvements or additions shall not adversely impact surrounding property, that there is no increase in the degree of nonconformity with respect to the development standards for the zone in which the property is located, and that the life of the nonconforming structure is not substantially increased.
• (d) To allow for the reconstruction of existing residential uses that are involuntarily destroyed in residential zones.
• (e) To allow for additions to nonconforming structures containing conforming uses, provided that there is no increase in the degree of nonconformity with respect to the development standards for the zone in which the property is located.
• (f) To eventually eliminate billboards which have a blighting impact on the City's commercial corridors.

(Ord. 2756 c.s., eff. January 18, 1996)

The provisions of this section apply only to nonconforming uses which were lawful when initially established. Conforming uses located within structures or on sites which do not conform to development standards such as density, parking, setbacks, height, landscaping, or open space, shall be subject to Section 10-2.2004 (Nonconforming structures) and shall not be subject to the standards of this section.

• (a) Continuation or replacement of a nonconforming use. A nonconforming use may continue provided there are no structural alterations to the structure in which the use is located except for those required by the Building Official, and except those approved pursuant to subsection (b) of this section. An existing nonconforming use may be changed to another nonconforming use, providing:
• (1) No structural alterations are made; and
• (2) The existing nonconforming use and the proposed nonconforming use are listed in Article 2 as uses within the same class of zones as defined in subsection (i) of Section 10-2.201, and the proposed nonconforming use is listed as a permitted use within that class of zones; and
• (3) The proposed nonconforming use does not require the provision of off-street parking in an amount greater than the existing nonconforming use.
• (b) Structural alterations and minor additions to a nonconforming use. Structural alterations or minor additions to a nonconforming use may be approved subject to Planning Commission Review pursuant to Section 10-2.2502, and subject to the following criteria:
• (1) The alteration or addition shall not adversely impact surrounding property.
• (2) The alteration or addition shall not increase the degree of nonconformity with respect to the standards of property development for the zone in which the property is located, including, but not limited to, density, building height, floor area ratio, and setback requirements.
• (3) The alteration or addition shall not decrease the future capability of the structure to provide off-street parking at a ratio that could reasonably allow replacement by a conforming use.
• (4) The alteration or addition shall not cause or increase a deficiency in the number of parking spaces required for the existing use.
• (5) That if the structure containing the nonconforming use is nonconforming with respect to the standards of property development for the zone in which the property is located, including, but not limited to, density, building height, floor area ratio, or provision of off-street parking, the alteration or addition shall not substantially increase the useful life of the nonconforming structure.
• (6) The alteration or addition is not inconsistent with the General Plan.
• (c) Adding additional uses. While a nonconforming use exists on any lot, no additional use may be established thereon even though such other use would otherwise be a permitted use.
• (d) Discontinuance of uses. A nonconforming use which has been suspended or discontinued for a continuous period of at least two (2) years shall automatically expire and may not be renewed, nor replaced, by any other use not permitted within the zone. A nonconforming use which has been changed to a conforming use for a continuous period of six (6) months or more shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the land use regulations for the zone in which it is located.
• (e) Reestablishment of uses in structures partially destroyed. A nonconforming use in a structure destroyed due to an involuntary event to the extent of fifty (50%) percent or more of its square footage at the time of its partial destruction may not be reestablished and any new structure shall conform to all the requirements of City laws upon reconstruction.

(Ord. 2756 c.s., eff. January 18, 1996)

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This section shall apply only to nonconforming structures which were lawful when initially established. Any legal nonconforming structure containing a legal nonconforming use shall be subject to Section 10-2.2002 (Nonconforming uses) and shall not be subject to the standards of this section.

• (a) Continuation of nonconforming structure. Where a use is conforming but the structure is nonconforming because it does not comply with the development standards for the zone in which it is located, such structure may continue and may be structurally altered.
• (b) Floor area additions. Any addition of floor area to the structure shall meet the full requirements for the zone in which it is located, and also shall not increase the degree of nonconformity of the structure as a whole with regard to density, building height, floor area ratio, or off-street parking. Further provided, floor area additions to existing residential units may be permitted without fully complying with the parking requirements only if the Chief of Planning determines that a) it is physically impossible to locate the required parking on site without relocating or demolishing all or a portion of the existing residential structure, or b) the cumulative economic value of the currently proposed addition and previous additions made subsequent to March 12, 1975 are less than the value of the otherwise required garage.
• (c) Reconstruction of nonconforming structures partially destroyed. A nonconforming structure destroyed to the extent of fifty (50%) percent or more of its square footage at the time of its partial destruction shall conform to all the requirements of City laws upon reconstruction, except as follows:
• (1) Multiple-family dwellings, community apartment projects, condominium projects, or stock cooperatives which are totally or partially destroyed may be reconstructed to the original number of units and size of units. Such reconstruction shall be in accordance with the development standards of the zone in which the project is located, unless these economically or physically preclude the ability to attain the preexisting density and size of units, wherein the standards may be waived as necessary to attain such density and size of units. Any such reconstruction shall include at least the original number of parking spaces.
• (2) Single family dwellings which have been partially or totally destroyed due to involuntary events may be reconstructed to their preexisting setbacks and size of unit, provided there is no increase in the degree of nonconformity.
• (3) In the event of any reconstruction on any property upon which existed apartment units which have been totally or partially destroyed, and the reconstruction constitutes a community apartment project, condominium project, or stock cooperative, such projects shall comply with the development standards of the zone in which the structure is located.

(Ord. 2756 c.s., eff. January 18, 1996)

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• (a) Nonconforming signs. Nonconforming signs shall be regulated subject to Section 10-2.1816.
• (b) Nonconforming billboards. Nonconforming billboards shall be removed upon the occurrence of any of the following:
• (1) Change in site location, intensity or means of illumination or construction, enlargement, alteration or remodeling, other than customary maintenance and change of advertising display;
• (2) Expansion, enlargement or change of use of any structure on the site on which a billboard is located, if a permit, license or approval is required or if the construction or reconstruction of any structure necessitates the physical removal of the billboard;
• (3) If the sign structure or the structure supporting the sign is more than ninety (90%) percent destroyed;
• (4) If the use of such sign has ceased for a continuous period of one year;
• (5) If such sign is or has become a danger to the public or is unsafe as determined by the Building Official;
• (6) After June 6, 1996, which is the completion of a five year amortization period established by Ordinance 2617.
• (c) Agreements to remove existing billboards in exchange for new billboards facing the San Diego Freeway. Notwithstanding subsection (b) of Section 10-2.2006, the City Council may enter into agreements to remove existing billboards within the City of Redondo Beach in return for permitting new billboards at locations facing the San Diego Freeway, provided there is a net reduction in total billboards, and subject to approval by CALTRANS. Such billboards may be permitted to exceed the height standards of the zone in which they are located. No sign face shall exceed 700 square feet in area (excluding the apron below the sign face).

(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2812, eff. December 4, 1997; Ord. 2833, eff. July 1, 1999; and Ord. 2860, eff. November 16, 2000.)

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