Modification and Expansion of Nonconforming Buildings in Long Beach
In the City of Long Beach, nonconforming buildings may undergo ordinary maintenance and limited expansion, but any modification that meets the legal definition of a "rebuild" or "demolition" requires the entire structure to be brought into compliance with current zoning regulations. Expansion of nonconforming residential structures is generally restricted to a maximum of 250 square feet per unit to maintain their nonconforming status [Section 21.27.055, Section 21.27.060].
General Maintenance and Repair
The City of Long Beach allows for the ordinary maintenance and repair of any building containing a nonconforming use. This includes activities such as painting and plumbing repair, provided the work is necessary to ensure the protection of public health and safety [Section 21.27.040].
Thresholds for Mandatory Zoning Compliance
If a modification to a nonconforming structure in the City of Long Beach is significant enough to be classified as a "rebuild" or a "demolition," the nonconforming rights are lost, and the building must be brought into conformity with the current City of Long Beach Zoning Code and, if applicable, the Local Coastal Program [Section 21.27.055].
The following table outlines the structural thresholds that trigger a requirement for full zoning compliance:
| Action | Threshold for Full Compliance |
|---|---|
| Demolition of Exterior Walls | Removal or modification of 50% or more of the linear length of exterior walls [Section 21.15.750]. |
| Modification of Structural Systems | Removal or modification of 50% or more of structural floor systems or roof framing [Section 21.15.750]. |
| Foundation Modification | Removal or modification of 50% or more of the foundation (measured by surface area or number of piers/posts) [Section 21.15.750]. |
| Square Footage Increase (Rebuild) | An addition that expands the building by 150% or more of its original size [Section 21.15.2250]. |
Expansion of Nonconforming Uses
The City of Long Beach strictly regulates the expansion of nonconforming uses and structures to prevent the increase of the nonconformity, with specific rules based on the type of use [Section 21.27.060].
Residential Expansion Limits
For residential units that exceed the allowable density of a zone, the City of Long Beach permits limited expansion.
| Expansion Type | Standard/Requirement |
|---|---|
| Maximum Square Footage | A maximum of 250 square feet may be added per unit [Section 21.27.060.C.1]. |
| Parking (Additions < 250 sq. ft.) | No additional parking is required for a cumulative addition up to 250 square feet [Section 21.27.060.C.2]. |
| Parking (Additions > 250 sq. ft.) | One additional conforming parking space is required for every 250 square feet (or portion thereof) added beyond the first 250 square feet [Section 21.27.060.C.2]. |
| Design Standards | Expansions must be consistent in style and materials with the existing building and conform to current development standards [Section 21.27.060.C.3]. |
Nonresidential and Industrial Expansion
- Permitted by CUP/AUP: Any use originally established by right that has since been reclassified as requiring a Conditional Use Permit (CUP) or Administrative Use Permit (AUP) must obtain the relevant permit before any expansion [Section 21.27.060.A].
- Commercial/Institutional/Park Uses: Generally, these nonconforming uses cannot be expanded to occupy a greater area of land or building than was occupied at the time the use became nonconforming [Section 21.27.060.E].
- Industrial Machinery: Nonconforming industrial machinery may be replaced with equipment of equal size or capability, but the number of machines or their capacity to do heavier work cannot be expanded [Section 21.27.060.F.2].
Restoration After Damage
If a nonconforming building in the City of Long Beach is damaged by fire, explosion, or natural disaster, it may be repaired and restored to its original nonconforming state under the following conditions:
- Footprint: The structure must be rebuilt to the area and footprint of the previous structure.
- Additional Area: No additional floor area may be added; adding area will cause the structure to lose its nonconforming status.
- Time Limit: Repairs must commence within one year of the event and be diligently pursued to completion [Section 21.27.090].
Abandonment of Rights
Nonconforming rights in the City of Long Beach are lost if a use is abandoned for a period of 12 months. A use is also considered abandoned if the structure housing it is demolished or if the business license has remained expired for one year [Section 21.15.030, Section 21.27.050].
Sections Cited
- Section 21.15.030
- Section 21.15.750
- Section 21.15.2250
- Section 21.27.040
- Section 21.27.050
- Section 21.27.055
- Section 21.27.060
- Section 21.27.070
- Section 21.27.090