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Legal Non-Conforming Uses
Definition
A legal non-conforming use is a use or structure which was legally established according to the applicable zoning and building laws of the time, but which does not meet current zoning and building regulations. A use or structure can become legal non-conforming due to rezoning, annexation, or revisions to the Zoning Code.
Must a Legal Non-Conforming Use be abandoned or altered to meet Current Regulations?
No, as long as the use is continuously operated and it is not discontinued or abandoned for more than a six (6) month period. However, if a legal non-conforming use is discontinued for six (6) months or more, the use loses its legal non-conforming status.
Can an abandoned Legal Non-Conforming Use be reinstated?
Possibly. A legal non-conforming use which has been discontinued for more than six (6) months may be reinstated with a Special Use Permit if it is found that the conversion to a conforming use would create undue hardship under the particular circumstances.
If a Legal Non-Conforming Structure is destroyed by fire or other natural disaster can the use be re-established?
Yes. The building may be restored in its entirety if the new building does not:
- Occupy any portion of the lot that was not occupied by the destroyed building;
- Have a greater floor area than the destroyed building;
- Exceed the height or number of stories contained in the destroyed building; and
- Diminish the number or size of the off-street loading or parking spaces located on the property before the disaster.
Is there a Time Limit for Restoration of Legal Non-Conforming Use for Fire Damage or Natural Disaster?
Yes. The owner has nine (9) months from the date of the destruction to apply for a building permit, and three (3) months from the date of issuance of a building permit to begin construction. If these permits are not secured within the time limit specified, the use shall be considered discontinued and abandoned.
Will Planning write a letter to an Lender confirming that the Legal Non-Conforming Building can be Rebuilt?
Yes. These letters are referred to as burn down letters. If your lender requires one, please request such a letter from the Department of City Planning in writing, and provide
1. your name and address,
2. the Assessor's Parcel Number (APN) of the property, and
3. the use which is allegedly legal non-conforming.
The Planning Department will send you a letter stating that a legal non-conforming use may be rebuilt after a natural disaster if all the applicable permits are secured. However, unless proof is provided, the letter written by the Department of City Planning will not prove that the use is legal non-conforming, but will only state that if the use is legal non-conforming, it may be rebuilt. (See below).
Will Planning confirm in writing that a use is Legal Non-Conforming?
Yes, if the property owner can prove that the use legally predates the current provisions of the Zoning Code and that it has been in continuous use since its establishment. A request for such a letter should be made in writing, and should include
1. your name and address,
2. the Assessor's Parcel Number (APN) of the property,
3. the use which is allegedly legal non-conforming, and
4. proof of its legal non-conforming status.
Proof of legal non-conforming status could include such documents as Planning permits, Building permits, leases, a building footprint shown on the Sanborn maps kept by the Building Division, or a listing in the Polk's or Haines' Directories. (These directories are directories of businesses and residents which are referenced by address. The Dr. Martin Luther King Jr. Main Library (150 East San Fernando Street) has copies of this directory dating from the turn of the century to the present. Call the library for material availability times.)
Expansion of a Legal Non-Conforming Use
A legal non-conforming use may be expanded through the issuance of a Site Development Permit (if the expansion involves new buildings or structures) or a Special Use Permit (if the expansion occurs within the existing building(s) or is an exterior expansion of a single-family detached dwelling). However, an expansion may only be approved if it does not increase any identified impact such as traffic, on-street parking, or noise.
Adding Non-Conforming Uses to a existing Legal Non-Conforming Use
A conforming use may be added to the site if it is compatible with the existing legal non-conforming use and its architecture. The addition of a conforming use will be considered by the Site Development Permit or Conditional Use Permit required for the new use by the Zoning Code, or, if neither permit is required, by a Special Use Permit.
Can one Legal Non-Conforming Use be exchanged for another?
Possibly. The legal non-conforming use of a building may be changed to another non-conforming use of like nature with a Site Development Permit (if the change involves new buildings or structures) or with a Special Use Permit (if the change does not involve new construction). Two uses are of like nature when the Director of Planning determines that the two uses are treated in essentially the same manner in the Zoning Code, and such change will not increase impacts such as traffic, parking, or noise.
For more information on Legal Non-Conforming Uses, please refer to Chapter 20.150 of the Zoning Code. |
