Termination of Nonconforming Use Rights in Long Beach

In the City of Long Beach, a nonconforming use is considered abandoned and loses its legal status if it is not used for a continuous period of twelve (12) months. Abandonment also occurs if the business license establishing the use has expired and remained expired for one (1) year, or if the structure housing the use is demolished.

Definition of Abandonment in Long Beach

Under the Long Beach Municipal Code, "abandoned" refers to a use that has been given up, deserted, forsaken, demolished, or changed to a different use. A nonconforming use specifically loses its legal protections when it meets any of the following criteria defined by the City of Long Beach:

Condition for Abandonment	Duration/Criteria
Disuse of the nonconforming use	12 consecutive months
Expiration of Business License	1 year
Structure Housing the Use	Demolished or rebuilt

[Section 21.15.030]

Loss of Nonconforming Use Rights

In accordance with the Long Beach Zoning Regulations, all rights to a nonconforming use are terminated if the use is abandoned for twelve (12) months [Section 21.27.050.A]. However, the City of Long Beach provides specific discretionary pathways for certain types of structures to re-establish a use after this period.

Exceptions for Nonresidential Structures

If a nonconforming nonresidential structure in the City of Long Beach has been abandoned for more than twelve (12) months, the owner may seek to re-establish a use through the following procedures:

Administrative Use Permit: To establish a use permitted in the CNP (Neighborhood Pedestrian) district.
Conditional Use Permit: To establish a use discretionally permitted in the CNP (Neighborhood Pedestrian) district.

[Section 21.27.050.A.1]

Exceptions for Historic Landmarks

For structures designated as a City landmark in the City of Long Beach that have been abandoned for more than twelve (12) months, a user may apply for an Administrative Use Permit or a Conditional Use Permit to establish a use subject to the following:

A special building inspection to ensure the building conforms to or can be repaired to meet minimum building, plumbing, fire, housing, electrical, and earthquake code provisions.
A finding that the proposed use is necessary to avoid unnecessary hardship to the owner due to the condition of the structure or its potential economic life.
A finding that the change of use will provide a desirable service or benefit to the neighborhood.
The proposed use and adaptive reuse design plan must obtain a certificate of appropriateness from the Cultural Heritage Commission.

[Section 21.27.050.A.2]

Nonconforming Parking Rights

The City of Long Beach applies different standards to nonconforming parking rights than to the uses themselves. Legal nonconforming parking rights are not lost simply because a building is vacated [Section 21.27.050.B.1].

However, if the principal building housing the use is demolished, the following rules apply:

Residential (4 or fewer units): If a nonconforming garage is not demolished, it may remain, and the parking spaces will be counted toward the requirement for new construction.
Residential (5 or more units) or Non-residential: If the building is demolished, any remaining nonconforming garage loses its rights and must be brought into conformance with the current Long Beach Zoning Regulations.
Sites with no building area: If the use is abandoned, the nonconforming parking rights are also considered abandoned.

[Section 21.27.050.B]

Revocation through Nuisance or Blight

The City of Long Beach reserves the right to determine that nonconforming rights have been abandoned through a revocation hearing if the use is operated as a nuisance or causes direct detriment to adjoining properties. This includes neglect that results in the property becoming a blight on the community [Section 21.27.050.C].

Findings that can lead to revocation in the City of Long Beach include:

Adverse effects on the health, peace, or safety of persons residing or working nearby.
Repeated adverse activities such as illegal drug activity, public drunkenness, harassment, or excessive noise.
Repeated violations of the Public Health and Safety Code.

[Section 21.27.050.C.2]

Sections Cited

Section 21.10.080
Section 21.15.030
Section 21.15.750
Section 21.21
Section 21.27.050