A. Alterations or Additions. The construction, enlargement, expansion, extension, or reconstruction of a nonconforming structure shall be subject to the following.
1. Increase in area. Increase in area shall be allowed if it results in an increase or enlargement of the area, space, or volume of the structure only if the structure is nonconforming with respect to setbacks, height, distance between structures, architectural projections, staircase and landing area encroachments, and the requirements of the Uniform Building Code are met. New additions and replacement structures shall meet the setback and height requirements of the zoning district in which the nonconforming structure is located except replacement structures required pursuant to § 17.610.025 - Exemptions and Exceptions.
2. Improvements to nonconforming multiple-family, mixed use, and non-residential primary structure(s).
a. Major improvement defined. A major improvement is an improvement that will add 10% or more, with a minimum of 750 square feet, to the existing gross floor area of the multiple-family or non-residential structure(s) on the site, as determined by the Building Official.
b. Minor improvement defined. If the City determines that the estimated value of the work for which the permit is requested is equal to 10% or more of the replacement value of the multiple-family or non-residential structure(s) on the site, but at least $50,000 (to be adjusted annually each July 1 to reflect the increase in the Consumer Price Index for all Urban Consumers, Los Angeles/Riverside/Orange County Area, as established by the U.S. Department of Labor for the period from March of the preceding year through March of the current year), it shall be considered a Minor Improvement. In application of this Section, "work value" and "replacement value" shall be determined as follows.
i. Work value. Each permit shall indicate the value of the work to be performed. If the Building Official believes the work value estimate indicated on the permit is too low, the Building Official shall estimate the value of the proposed work for the purpose of this calculation.
ii. Replacement value. The replacement value of an existing structure shall be determined using tables of reconstruction costs published by the International Conference of Building Officials. The type of construction is determined, and a cost per square foot is derived from the table. This cost is multiplied by the number of gross square feet in the structure to obtain the estimated reconstruction cost of the structure.
iii. Commercial revitalization area. If the proposed minor improvements include exterior building facade improvements to an existing structure located within an area designated by the Council as a Commercial Revitalization Area, the portion of the work value devoted to exterior building facade improvements shall not be included in determining the 10% or $50,000 enforcement threshold for minor improvements.
c. Incidental improvements defined. An improvement that does not qualify as a major or minor improvement shall be considered an Incidental Improvement.
d. Requirements. Whenever a permit for a major improvement or minor improvement to an existing nonconforming structure is requested, the Director shall not approve the application unless the requirements of Table 6-1 (Requirements for Major and Minor Improvements) are met.
Requirement | Major Improvement | Minor Improvement |
1. Any sign on the subject site shall be in compliance with Chapter 17.330 (Signs). | X | X |
2. All roof equipment screening shall be provided in compliance with § 17.300.035 (Screening). | X | X |
3. All trash enclosures shall be provided, subject to the approval of the Sanitation Manager and the Director. | X | X |
4. Parking lot landscaping, paving, screening, and striping shall meet all City requirements. | X | X |
5. Fences, walls, and hedges shall comply with § 17.300.030 (Fences, Hedges, and Walls). | X | X |
6. The project shall conform to the City’s “Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications,” as adopted by the Commission. | X | X |
3. Improvements, reconstruction, and new construction to nonconforming single-family and two-family, and triplex structure(s); accessory residential structures; and accessory dwelling units.
a. Reconstruction or partial reconstruction of a nonconforming single-family, two-family, and triplex structure; accessory residential structure; or accessory dwelling unit that is/are not subject to § 17.610.025 - Exemptions and Exceptions, and that results in more than 50% demolition of both of the exterior wall surface area and building footprint, (measured from exterior wall to exterior wall), shall be completely reconstructed in conformance with current code required setbacks, and height. For purposes of this section, exterior wall surface area shall mean full height exterior walls from grade to roof including existing framing, exterior sidings, and interior sidings of said exterior walls.
b. If over a five-year period, the cumulative demolition of a nonconforming single-family, two-family, and triplex structure; accessory residential structure; or accessory dwelling unit exceeds 50% of both the exterior wall surface area and building footprint, (measured from exterior wall to exterior wall), that is/are not subject to § 17.610.025 - Exemptions and Exceptions, then the nonconforming single-family, two-family, and triplex structure; accessory residential structure; or accessory dwelling, shall be completely reconstructed in conformance with current code required setbacks, and height. For purposes of this section, exterior wall surface area shall mean full height exterior walls from grade to roof including existing framing, exterior sidings, and interior sidings of said exterior walls.
c. Through Lots with Frontages on both Charles Avenue and Milton Avenue. Partial reconstruction, and/or additions to an existing legal nonconforming detached accessory residential structure on through lots with frontages on both Charles Avenue and Milton Avenue may be permitted in accordance with the following standards, provided 1) the work does not result in demolition exceeding the thresholds established in Subsection A.3.a or A.3.b, and/or 2) the accessory residential structure has not been previously modified pursuant to this Subsection A.3.c. In cases where this Subsection A.3.c. does not apply, the work shall comply with the setback requirements in § 17.400.100 - Accessory Residential Structures, driveway length standards in § 17.320.035.N., and all other applicable code standards.
i. Existing legal nonconforming detached accessory residential structures may be partially reconstructed in the same location and to the same dimensions as the existing accessory residential structure.
ii. In addition, when there is an expansion of floor area of an existing legal nonconforming detached accessory residential structure, the proposed expansion may continue the horizontal building plane of the existing structure provided the proposed expansion is no greater than 12 feet in height, complies with the required side setback for the applicable zoning district, and provides a minimum two-foot setback from one front lot line along the property line that is of greater distance from the primary residence and/or the property line separating the parcel from the street of a higher classification or designation.
iii. The existing legal nonconforming driveway length may be continued in conjunction with partial re-construction of an existing legal nonconforming detached garage pursuant to this Section. Modifications to an existing garage opening that result in a conforming minimum opening clearance in accordance with § 17.320.035.C (Parking Space and Lot Dimensions) shall be permitted without requiring conformance to current driveway length standards.
iv. The accessory residential structure shall comply with all other applicable code standards required by this Title.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-005 § 2 (part); Ord. No. 2019-004 § 2 (part); Ord. No. 2022-008; Ord. No. 2023-002, Exhibit A (part); Ord. No. 2024-006)