Smoky Hollow Specific Plan 2018 (web version)
Within the zoning districts established by this Specific Plan or amendments that may later be adopted, there exists or will exist lots, structures, and uses of land which were lawful before the adoption or amendment of this Specific Plan, but which no longer comply.
The intent of this Section (Nonconformities)
is to permit those nonconformities to continue until they are removed, but not to encourage their continuance. Such uses and structures shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere
in the same zoning district, except as may
be expressly permitted in this Section.
4.4.1 Nonconforming Uses of Land
Uses of land that were lawful before the effective date of adoption or amendment of this Specific Plan, but which no longer comply, may be continued so long as such use remains otherwise lawful, provided:
- No such nonconforming use may be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Specific Plan.
- If any such nonconforming use is discontinued for any reason for a period of more than 12 consecutive months, any subsequent use must conform to the regulations specified by the Specific Plan for the zoning district in which such land is located. Buildings that are actively available for lease and occupancy or are being remodeled pursuant to a permit or subject to ESMC Section 15-21-3 are not considered vacant for the purposes of this section.
4.4.2 Nonconforming Structures
Where a lawful structure exists at the effective date of adoption or amendment of this Specific Plan that could not be built under the terms of
these regulations by reason of restrictions on area, height, setbacks, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains continuously occupied and is otherwise lawful, subject to the following provisions:
- Nonconforming structures may expand up to the allowable floor area ratio (FAR) permitted by this Specific Plan. The expansion itself must meet all the requirements of the Smoky Hollow Specific Plan, but is not required to compensate for any deficiency or nonconformity in the original structure.
- Should a nonconforming structure be involuntarily destroyed to any extent, including total destruction, it may be rebuilt to the identical use and original floor area.
- Should a nonconforming structure be moved for any reason for any distance whatsoever, it must then conform to the regulations for the zoning district in which it is located after it is moved.
4.4.3 Nonconforming Lots
Nonconforming lots shall comply with ESMC Section 15-21-4 (Nonconforming Lots).
4.4.4 Nonconforming Parking
A legally established use of a lot that does not meet the requirements for on-site vehicular parking (either through provision of required on-site parking, off-site parking, or payment of in-lieu fees) established by this Specific Plan is nonconforming with respect to parking and shall be governed by the following regulations:
- Continuation. Uses that have nonconforming parking or loading may be continued indefinitely except as indicated below.
- Repair and Remodel of Buildings. Repairs, rehabilitations, and remodeling that do not enlarge or extend the structure, nor change the building occupancy group as defined in the Building Code, are permitted without change to the parking provided.
- Additions to Buildings. Additions to structures with nonconforming parking are permitted, provided the existing use of the property is conforming and that parking, as required by this Specific Plan, shall be provided for the new addition above whatever parking existed for the original structure.
- Change of Occupancy. When all or a portion of a building is modified in such a manner, including how it is used, such that the Building Code occupancy group is changed, parking, as required by this Specific Plan, shall be provided for the entire building and all other buildings on the same lot.
4.4.5 Nonconforming Curb Cuts
El Segundo Art Walk
Existing nonconforming curb cuts along street frontages shall be removed subject to the following provisions:
- New Buildings. When new buildings are constructed on a lot, any nonconforming curb cuts on the property shall be removed.
- Additions to Buildings. When additions to structures add 50 percent or more of the gross floor area of existing structures on a lot, all nonconforming curb cuts shall be removed.