Regulations for Nonconforming Uses and Structures in Long Beach
The City of Long Beach allows the continued operation of legally established nonconforming uses and structures as long as they are not a nuisance to neighbors and have not been abandoned for a period exceeding 12 months. Rights to nonconforming status are generally terminated if the primary structure is demolished or if a residential expansion exceeds 250 square feet per unit. While standard nonconforming uses may be maintained, specific categories such as adult entertainment and certain fleet service operations were subject to mandatory amortization and termination periods.
Continuance and Maintenance of Nonconforming Rights
According to the Long Beach Zoning Regulations, nonconformities that were lawfully established may continue to be used and maintained provided they do not create a nuisance or a "blighting influence" on adjoining properties [Section 21.27.020]. Routine maintenance and repairs, such as painting or plumbing, are permitted to ensure the protection of public health and safety [Section 21.27.040]. However, illegal uses or structures that were never lawfully established have no vested rights and must be removed or brought into immediate legal conformity [Section 21.27.030].
Abandonment and Loss of Rights
Rights to a nonconforming use in the City of Long Beach are lost if the use is abandoned for 12 consecutive months or if the structure housing the use is demolished [Section 21.27.050.A]. There are specific exceptions and regulations regarding the loss of these rights:
- Nonresidential Structures: A nonconforming nonresidential structure abandoned for more than 12 months may apply for an Administrative Use Permit (AUP) to establish a Neighborhood Pedestrian (CNP) permitted use [Section 21.27.050.A.1].
- Historic Landmarks: City-designated landmarks abandoned for more than 12 months may be granted an AUP or Conditional Use Permit (CUP) for another nonconforming use if a special building inspection ensures the structure can be safely repaired [Section 21.27.050.A.2].
- Revocation via Nuisance: Nonconforming rights may be revoked by the Planning Commission or City Council if the use is found to jeopardize public health, involves repeated illegal activities (such as drug activity or harassment), or if the owner is unwilling to eliminate adverse activities [Section 21.27.050.C].
Nonconforming Parking Rights
The Long Beach Municipal Code provides specific rules for when nonconforming parking rights are lost due to demolition of the principal building:
| Scenario | Regulation |
|---|---|
| Vacating a Building | Rights are not lost if the building is merely vacated [Section 21.27.050.B.1]. |
| Residential (1–4 Units) | If the house is demolished but a nonconforming garage remains, the garage may stay and count toward parking requirements for new construction [Section 21.27.050.B.2]. |
| Residential (5+ Units) | If the principal building is demolished, the remaining nonconforming garage loses its rights and must be brought into conformance [Section 21.27.050.B.3]. |
| Nonresidential Building | If the principal building is demolished, any nonconforming garage loses its rights [Section 21.27.050.B.3]. |
| No Building Area (GFA) | Abandonment of the use constitutes abandonment of any nonconforming parking rights [Section 21.27.050.B.4]. |
Expansion of Nonconforming Uses
Generally, nonconforming uses in the City of Long Beach cannot be expanded or altered to increase the degree of nonconformity. There are, however, limited exceptions:
- Residential Expansion: A nonconforming residential use (one that exceeds allowable density) shall not be expanded by more than 250 square feet per unit after July 1, 1989 [Section 21.27.060.C.1].
- Expansion Parking: Any expansion of a residential unit beyond the first 250 square feet of cumulative addition requires one additional conforming parking space for every 250 square feet added [Section 21.27.060.C.2].
- Industrial Machinery: In the IM, IG, and IL districts, nonconforming machinery may be replaced with equipment of equal size or capability, but the capabilities may not be expanded to perform heavier work [Section 21.27.060.F.2].
Change of Use and Restoration
A nonconforming use may be changed to a conforming use at any time. It may also be changed to a different nonconforming use if the Zoning Administrator grants an AUP, provided the structure is a designated City landmark or if a special building inspection is performed [Section 21.27.070].
If a nonconforming structure is damaged by fire, explosion, or natural disaster, it may be restored to its previous nonconforming state under the following conditions [Section 21.27.090]:
- The restoration is rebuilt to the original area and footprint.
- No additional floor area is added.
- Repairs commence within one year of the event and are diligently pursued.
Amortization of Specific Uses
Certain uses in Long Beach were subject to mandatory termination (amortization) periods to bring them into alignment with updated Zoning Regulations:
| Use Type | Amortization Requirement |
|---|---|
| Adult Entertainment | Must have ceased or reached conformity by May 18, 1996, unless a standards variance was obtained [Section 21.27.150]. |
| Fleet Service/Company Vehicle Operations | Uses not complying with parking requirements were required to terminate by August 7, 1998, unless granted a one-year extension by the Planning Commission [Section 21.27.160]. |
Sections Cited
- Section 21.11.060 - Approvals
- Section 21.15.030 - Abandoned
- Section 21.15.750 - Demolish
- Section 21.21.010 - Purpose
- Section 21.27.010 - Purpose
- Section 21.27.020 - Continuance of nonconforming rights
- Section 21.27.030 - Illegal uses or structures
- Section 21.27.040 - Maintenance
- Section 21.27.050 - Abandonment
- Section 21.27.060 - Expansion
- Section 21.27.070 - Change in use
- Section 21.27.080 - Determination of nonconforming non-residential parking rights
- Section 21.27.090 - Restoration
- Section 21.27.150 - Amortization—Adult entertainment
- Section 21.27.160 - Amortization—Fleet service/company vehicle operations