A. Purpose. The purpose of this section establishes the terms and conditions for continuing non-conforming uses, structures and lots located within designated critical areas that are lawfully established prior to the effective date of this title.
B. Establishment of Status. A legally established non-conforming lot, use, or non-signage structure may be continued, transferred, or conveyed and/or used as if conforming. The burden of establishing that any non-conforming lot, use or non-signage structure lawfully existed as of the effective date of this chapter shall, in all cases, rest with the owner and not with the City. A non-conforming lot, use, or structure may be deemed legally non-conforming by providing documentation from either a local agency permit or suitable aerial photo or scaled map recognized as legitimate by the City.
C. Maintenance and Repair of Non-Conforming Structures. Normal maintenance and incidental repair of legal non-conforming structures shall be permitted, provided that it complies with all sections of this Title and other applicable Titles of the Long Beach City Code.
D. Reconstruction. Reconstruction, restoration or repair (and remodeling) of a legal non-conforming non-signage structure damaged by fire, flood, earthquake, falling trees or limbs, or other disasters, shall be permitted, subject to the provisions of Section 12-16-6, Title 12, Zoning, of the Long Beach City Code and of this title; provided that such reconstruction shall not result in the expansion of the non-conforming structure into or towards the critical area, or in a manner that increases the potential impact to the critical area or risk of harm to public safety. Legal non-conforming status will be lost if a building permit is not secured within one year of the date damage is incurred.
E. Expansion of Non-Conforming Use or Structure. No legal non-conforming use or structure may be expanded, enlarged, extended, or intensified in any way (including extension of hours of operation) unless such modification is in full compliance with this chapter or the terms and conditions of approved permits pursuant to this chapter.
F. Discontinuance of Non-Conforming Use or Structure. All legal non-conforming uses shall be encouraged to convert to a conforming use whenever possible. Conformance shall be required when:
1. A change of use is proposed;
2. The use is terminated or discontinued for more than one (1) year, or the structure(s) that houses the use is vacated for more than one (1) year;
3. The structure(s) or area in which the use is conducted is proposed for relocation; or
4. In the circumstance of a sign structure, in accordance with Chapter 12-14-12 of the Long Beach City Code. (Ord. 985, 10-5-2020)