(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Nonconforming. Notwithstanding any other provisions of this article to the contrary, a building nonconforming as to use, yards, height, number of stories, lot area, floor area, residential density, loading space, parking, off-site signs or other nonconforming provisions of the Los Angeles Municipal Code, which is damaged or destroyed as a result of the declared emergency may be repaired or reconstructed with the same nonconforming use, yards, height, number of stories, lot area, floor area, residential density, loading space, parking or off-site signs as the original building. Provided, however, that repair or reconstruction shall be commenced within two years of the date of damage or destruction and completed within two years of obtaining a permit for reconstruction. Provided, further, that neither the footing nor any portion of the replacement building may encroach into any area planned for widening or extension of existing or future streets as determined by the Planning Department upon the recommendation of the City Engineer.
The provisions of this section shall supersede any Interim Control Ordinances, Interim Plan Revision Ordinances, Specific Plans (except for the South Central Alcohol Beverage Specific Plan, Ord. No. 171,681), Section 16.05 and the City’s hillside regulations under Section 12.21 A.17. (except for Paragraphs (d) and (e)). Notwithstanding any provision in this section to the contrary, any existing provision of law regulating the issuance of building or demolition permits for buildings or structures currently with historical or cultural designations on the federal, state and City lists shall remain in full force and effect. All Historic Preservation Overlay Zone regulations shall continue in full force and effect with respect to the demolition, repair and reconstruction of damaged or destroyed buildings or structures.
For purposes of this subsection, a building or structure may only be demolished and rebuilt to its non-conforming status, relative to the provisions of this Code, any Interim Control Ordinances, Interim Plan Revision Ordinances, Specific Plans (except for the South Central Alcohol Beverage Specific Plan, Ord. No. 171,681) and the City’s hillside regulations under Section 12.21 A.17. (except for Paragraphs (d) and (e)), if the building or structure either is destroyed or is “damaged” in the following manner:
1. Any portion of the building or structure is damaged by earthquake, wind, flood, fire, or other disaster, in such a manner that the structural strength or stability of the building or structure is appreciably less than it was before the catastrophe and is less than the minimum requirements of this Code for a new building or structure of similar structure, purpose or location, as determined by the Department of Building and Safety; and
2. The cost of repair would exceed 50 percent of the replacement cost of the building or structure, not including the value of the foundation system, as determined by the Department of Building and Safety.
Nothing here shall be interpreted as authorizing the continuation of a nonconforming use beyond the time limits set forth in Section 12.23 of this Code that were applicable to the site prior to the events which necessitated the declaration of the emergency.
If issues of interpretation relating to the above provisions arise, the Zoning Administrator is hereby authorized to resolve those issues in light of the scope and purposes of this subsection.
Notwithstanding the time periods described above or in Section 16.04.2, nonconforming properties damaged during the January 17, 1994 Northridge Earthquake shall have until January 17, 1999 to obtain building permits for repair or reconstruction; and that work shall be completed within two years of obtaining building permits. The City Council may, by resolution extend these time periods for one additional year.
B. Conditional Uses and Public Benefits. The following conditional uses and public benefits are considered to be of such importance and their expeditious replacement is of such value to the health and safety of the community that they are hereby granted an exemption from the plan approval process required by Subsection H. (Modification of Entitlement) of Sec. 13B.2.2. (Class 2 Conditional Use Permit) and 13B.3.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code, provided that the structures containing these uses are rebuilt as they lawfully existed prior to their destruction, with the same building footprint and height. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
Conditional Uses and Public Benefits
Airports or aircraft landing fields
Correctional or penal institutions
Educational institutions
Libraries, museums, fire or police stations or governmental enterprises
Piers, jetties, human-made islands, floating installations
Public utilities and public service uses and structures
Schools, elementary and high
Electric power generating sites, plants or stations
OS Open Space Zone uses
Child care facilities or nursery schools
Churches or houses of worship
Hospitals or sanitariums
If issues of interpretation or administration relating to the above exemptions arise, the Director is authorized to resolve those issues in light of the scope and purposes of this subsection. (Amended by Ord. No. 173,492, Eff. 10/10/00.)
C. Notwithstanding Subsections A. and B. above, the following five uses shall not be exempt from the provisions of this Code, interim control ordinances, specific plans, and interim plan revision ordinances: establishments dispensing alcoholic beverages for consideration, swap meets, gun shops, pawnshops and automobile repair establishments.
D. Highway and Collector Street Dedication and Improvement. For any lot identified by the City as having sustained damage during and as a result of the situation causing the declared emergency, the issuance of a building permit for a new development on that site shall not require improvement of frontage for major or secondary highway and collector street widening purposes under Section 12.37 A.
Nothing here shall prevent a property owner from voluntarily improving the right of way and undertaking public improvements which conform to the applicable sections of this Code.
E. The Zoning Administrator may grant deviations of no more than ten percent from the City’s floor area, height, yard, setback, parking, and loading space requirements for buildings and structures damaged or destroyed in an emergency declared by the Governor when the deviations are necessary to accommodate the requirements of the Americans With Disabilities Act, Federal Fair Housing Amendments Act of 1988, the California Code of Regulations, Title 24, provided the Zoning Administrator finds:
1. That the deviations are not likely to cause an undue burden on nearby streets or neighboring properties;
2. That the grant is not likely to evoke public controversy; and
3. That the development cannot feasibly be designed to meet the requisite disabled access standards without the deviations.
Prior to acting on an application for a deviation, the Zoning Administrator shall give notice to all adjoining property owners and shall hold a public hearing. The Zoning Administrator may waive the public hearing if the Zoning Administrator makes the two findings in Section 16.02 B. The notice and procedures provided in Section 16.01 shall be followed for granting any deviation.