Living where you're not allowed to stay in Los Angeles?

December 23, 2015 6:10 PM

For reference, I'm looking specifically for information about the city of Los Angeles, California. To be able to legally live in a building and call it home that building must be zoned as residential. There is a caveat to this and that is if you are considered to be a caretaker or custodian of that property. The problem is I can't seem to find where this situation is discussed in specifics in the civil code.

I have seen this referenced several times in various places but as of yet I've been unable to find any legal specifics on the topic. There are other situations where you can legally live in or on a property that is not specifically zoned to be residential but, again, I have not been able to find any specific laws to this regard. What circumstances can a person legally live in a place that is not zoned for habitation in the city of Los Angeles?

posted by Socinus to Law & Government (4 answers total)

From the LA Zoning Code:

SEC. 12.16. “C4” COMMERCIAL ZONE.

A. Use – No building, structure or land shall be used and no building or structure shall be erected, structurally altered, enlarged, or maintained except for the following uses, and when a “Supplemental Use District” is created by the provisions of Article 3 of this Chapter, for such uses as may be permitted therein:

1. (None).

2. (Amended by Ord. No. 158,741, Eff. 3/29/84.) Any use permitted in the C2 Zone, provided that all regulations and limitations of said C2 Commercial Zone are complied with, except:

(a) (Amended by Ord. No. 177,103, Eff. 12/18/05.) The following amusement enterprises:

(1) boxing arena;

(2) games of skill and science;

(3) merry-go-round, ferris wheel or carousel;

(4) penny arcade;

(5) shooting gallery;

(6) skating rink;

(7) Strip tease show. This use shall include an adult cabaret, as defined in Section 12.70 B. of this Code;

(8) billiard or pool hall;

(9) bowling alley;

(10) indoor swap meets, unless authorized pursuant to the provisions of Section 12.24 W.42.; and

(11) other similar uses, but not including the conducting of any game of bingo authorized pursuant to the provisions of Article 4.5 of Chapter IV of this Code.

(b) (Repealed by Ord. No. 178,382, Eff. 3/24/07.)

(c) Baseball or football stadium.

(d) Carpenter shop.

(e) Circus or amusement enterprises of a similar type, transient in character.

(f) Feed and fuel store.

(g) Hospital or sanitarium.

(h) Ice storage house.

(i) (Deleted by Ord. No. 171,756, Eff. 11/21/97.)

(j) Pawnshop.

(k) (Deleted by Ord. No. 171,756, Eff. 11/21/97.)

(l) Plumbing or sheet metal shop.

(m) Pony riding ring.

(n) Public services, including electric distributing substation

(o) Second hand store.

(p) Gymnasiums, health clubs and other similar uses. (Amended by Ord. No. 177,103, Eff. 12/18/05.)

(q) Public auctions, except those ordered by a Court of competent jurisdiction.

This ordinance is constitutional.
People v. Feigenbaum, CR A 2704; 2791.

(r) Other uses similar to those hereby excepted, as determined by the Administrator.

since residences are not included, one may not use the land for residential use.
posted by Ironmouth at 6:34 PM on December 23, 2015 [4 favorites]

It's allowed in certain manufacturing districts: search for "caretaker" in this use list and you'll find the reference. MR1, MR2, M1, M2, and M3 are the pertinent zoning districts. For very brief descriptions of these zones, see here.
posted by carmicha at 6:43 PM on December 23, 2015 [2 favorites]

The City of Los Angeles Zoning Code allows, under certain circumstances, for a lot zoned for industrial use to contain an accessory building in which a watchman or caretaker (including his family) can reside: "A dwelling shall be considered to be a permissible accessory building only when it is designed for and used solely by a watchman or caretaker (including his family) of an industrial development or of a permitted use which requires 24-hour supervision and is located on the same lot with such development or use." See §12.7.5.B.9(a), §12.17.6(a), §12.18.B.5(a), and §12.19.A.13. from here. Note that this is restricted to certain industrial zones, e.g. the commercial zones don't have a similar provision.
posted by RichardP at 6:53 PM on December 23, 2015 [2 favorites]

I live in a work-live loft that's zoned industrial. The city planning department has been working on enlarging this sort of zone for a while. My place would go from M1 to HI. KCET's column on zoning and exceptions.
posted by Ideefixe at 9:29 AM on December 24, 2015 [1 favorite]