Reconstruction of Damaged or Destroyed Nonconforming Buildings in Long Beach
Under the Long Beach Municipal Code, a nonconforming building damaged by fire, natural disaster, or other involuntary hazards may be legally restored to its original area and footprint if repairs commence within one year. However, if a structure is voluntarily demolished or "rebuilt" (defined as exceeding 50% of the original structure), the City of Long Beach requires the building to be brought into full conformity with current zoning regulations [Section 21.27.055, Section 21.27.090].
Involuntary Damage and Restoration
The Long Beach Zoning Regulations provide specific protections for property owners whose nonconforming structures are damaged or destroyed by events outside their control. According to the Long Beach Municipal Code, a nonconforming building may be repaired and restored to its previous nonconforming state if the destruction is caused by:
- Fire or explosion;
- Earthquake or other natural disasters;
- Imminent public hazards or acts of terrorism;
- Sabotage, vandalism, or warfare;
- Abatement of earthquake hazards as required by City of Long Beach regulations [Section 21.27.090].
Conditions for Restoration
For a nonconforming structure to maintain its status after restoration, the owner must adhere to the following standards set by the City of Long Beach:
| Requirement | Standard |
|---|---|
| Level of Restoration | May be rebuilt to the exact area and footprint of the previous structure or to a more conforming area/footprint [Section 21.27.090.A]. |
| Floor Area Limitation | No additional floor area may be added. Adding floor area results in the total abandonment of nonconforming status [Section 21.27.090.B]. |
| Time Limit | Repairs must commence within one (1) year of the damaging event and be pursued diligently until completion [Section 21.27.090.C]. |
Voluntary Rebuilding and Demolition
If a property owner in the City of Long Beach chooses to voluntarily "rebuild" or "demolish" a nonconforming structure, the legal protections for nonconformity are generally revoked.
The Long Beach Municipal Code defines a "Rebuild" as any project where the non-garage area is expanded by more than 50% of the existing size or when more than 50% of the exterior walls are modified [Section 21.15.2250]. Similarly, "Demolish" is defined as the removal or modification of more than 50% of exterior walls, structural floor systems, roof framing, or foundations [Section 21.15.750].
If a structure is demolished or rebuilt under these definitions, the structure must be brought into full conformity with the Long Beach Zoning Code and, if applicable, the certified Local Coastal Program [Section 21.27.055].
Special Categories and Exceptions
Nonconforming Parking
If the principal building (the housing for the principal use) on a lot is demolished, all nonconforming rights related to parking are typically lost [Section 21.27.050.B].
There is an exception for residential properties with four or fewer units: if a nonconforming garage is left standing while the principal dwelling is demolished, the garage may remain and its parking spaces may be counted toward the requirements for new construction, provided the new development complies with all other standards [Section 21.27.050.B.2].
Historic Landmarks
The City of Long Beach provides exemptions for designated City landmarks or contributing buildings in landmark districts. These structures may be eligible for an Administrative Use Permit to establish a new nonconforming use or to rebuild if the change provides a desirable service to the neighborhood and is approved by the Cultural Heritage Commission [Section 21.27.050.A.2].
Nonconforming Signs
Unlike buildings, nonconforming on-premises signs in Long Beach may not be re-established if they are damaged or destroyed beyond 50% of their sign value at the time of the incident [Section 21.44.710.A.4].
Sections Cited
- Section 21.15.750 - Demolish
- Section 21.15.2250 - Rebuild
- Section 21.27.050 - Abandonment
- Section 21.27.055 - Modification
- Section 21.27.090 - Restoration
- Section 21.27.130 - Historic landmark and landmark district exemption
- Section 21.44.710 - Nonconforming signs