Regulations for Legal Nonconforming Structures in the City of Long Beach
In the City of Long Beach, a legal nonconforming structure is a building that was lawfully established but no longer meets current zoning standards. These structures may be maintained and continued indefinitely unless they are abandoned for a period of 12 consecutive months or if more than 50 percent of the structure is demolished or rebuilt [Sections 21.27.020, 21.27.050]. While ordinary maintenance is permitted, any expansion or major reconstruction generally requires the structure to be brought into full compliance with the Long Beach Municipal Code [Sections 21.27.040, 21.27.055].
Continuance and Maintenance of Nonconforming Structures
Under the Long Beach Municipal Code, a nonconforming structure may continue to be used and maintained as long as it is operated in a manner that does not constitute a nuisance or a direct detriment to the rights of adjoining or adjacent uses [Section 21.27.020]. Owners are permitted to perform ordinary maintenance and repairs, such as painting and plumbing repairs, to ensure the protection of public health and safety [Section 21.27.040].
Abandonment and Loss of Rights
The City of Long Beach strictly regulates when a property owner loses the right to maintain a nonconforming structure. Rights are terminated under the following conditions:
- Abandonment: All rights to a nonconforming use are lost if the use is abandoned for 12 months [Section 21.27.050].
- Demolition: Rights are lost if the structure housing the use is demolished. The Long Beach Municipal Code defines "demolish" based on specific percentage thresholds of the building's components [Section 21.15.750].
City of Long Beach Demolition Thresholds
If a project meets or exceeds any of the following thresholds, the structure is considered demolished and must be brought into full conformity with current zoning and building regulations:
| Component | Threshold for "Demolition" |
|---|---|
| Exterior Walls | Removal or modification of 50% or more of the linear length of exterior walls. |
| Wall Elements | Removal/replacement of 50% or more of cladding or framing systems. |
| Floor/Roof/Foundations | Removal or modification of 50% or more of the major structural components. |
| Structural Support | Addition of reinforcement needed for 50% or more of a wall to provide support. |
[Section 21.15.750, 21.15.2250]
Expansion of Nonconforming Structures
The City of Long Beach generally prohibits expanding or altering a nonconforming structure in any way that increases its nonconformity [Section 21.27.060]. However, there are specific allowances for residential expansions:
Residential Expansion Standards
For residential uses that exceed the allowable density of a zone or are located in a zone that does not permit residential use, the following limits apply:
| Category | Expansion Limitation |
|---|---|
| Maximum Expansion | No more than 250 square feet per unit may be added after July 1, 1989. |
| Parking Requirement | Expansions beyond 250 square feet of cumulative addition to the site require one additional conforming parking space. |
| Single-Family Exception | For a lot with only one single-family dwelling, no additional parking is required for expansions. |
| Style/Design | Expansions must be consistent in style and materials with the existing building. |
[Section 21.27.060]
Restoration After Catastrophic Damage
If a nonconforming structure in the City of Long Beach is damaged or destroyed by fire, explosion, earthquake, acts of terrorism, or other natural disasters, it may be repaired and restored to its previous nonconforming state, provided the following conditions are met:
- Footprint: The structure must be rebuilt within the area and footprint of the previous structure (or a more conforming area).
- No New Area: No additional floor area may be added; adding area causes the structure to lose its nonconforming status.
- Timeline: Repairs must commence within one year of the event causing damage and must be pursued diligently to completion.
[Section 21.27.090]
Exemptions for Historic Landmarks
The City of Long Beach provides exemptions for structures designated as historic landmarks or contributing buildings within a landmark district. These structures may be exempted from certain nonconformity restrictions relating to restoration, maintenance, and expansion, provided that any construction plans are approved with a Certificate of Appropriateness issued by the Cultural Heritage Commission [Section 21.27.130].
Additionally, if a nonconforming nonresidential historic landmark has been abandoned for more than 12 months, the owner may apply for an Administrative Use Permit to establish a Neighborhood Pedestrian (CNP) permitted use or a conditional use [Section 21.27.050].
Sections Cited
- Section 21.15.030 (Abandoned)
- Section 21.15.750 (Demolish)
- Section 21.15.1860 (Nonconformity)
- Section 21.15.2250 (Rebuild)
- Section 21.27.010 (Purpose)
- Section 21.27.020 (Continuance of nonconforming rights)
- Section 21.27.040 (Maintenance)
- Section 21.27.050 (Abandonment)
- Section 21.27.055 (Modification)
- Section 21.27.060 (Expansion)
- Section 21.27.090 (Restoration)
- Section 21.27.130 (Historic landmark and landmark district exemption)