Chapter 18.39
GENERAL PROVISIONS—NON-CONFORMING USES, LOTS, AND STRUCTURES
Sections:
18.39.04 Continuation and Maintenance.
18.39.08 Non-Conforming Structures.
18.39.10 Restoration of a Damaged Structure.
18.39.12 Amortization of Non-Conforming Uses.
18.39.02 Intent and Purpose.
The purpose of this ordinance is to provide the limitations for the expansion and continuation of non-conforming uses and structures.
18.39.04 Continuation and Maintenance.
(1) A use lawfully occupying a structure or a site, that does not conform with the regulations for the zone in which it is located shall be deemed to be a non-conforming use. The use may be continued, except as provided in this chapter.
(2) A structure, lawfully occupying a site, that does not conform with the standards for front yard, side yards, rear yard, height, coverage, distances between structures, and parking facilities for the district in which the structure is located, shall be deemed to be a non-conforming structure. The structure may be used and maintained, except as provided in this chapter.
(3) On any non-conforming structure, or portion of a structure containing a non-conforming use, ordinary repairs may be done. However, substantial activity or repairs that require a building permit exceeding 10 percent of the current replacement cost of the structure shall not be allowed.
(4) If a non-conforming structure becomes physically unsafe due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe by reason of physical conditions, it shall not thereafter be restored, repaired, rebuilt, or occupied except in conformity with the requirements of the zone in which it is located.
(5) A single family residence that is non-conforming because it does not conform with the standards for parking facilities may be enlarged, altered, or moved to another portion of the lot, and shall not be required to provide a garage as long as adequate on-site parking area exists.
18.39.06 Non-Conforming Uses.
A non-conforming use is one which lawfully existed prior to the effective date of this ordinance, but which is no longer permitted. Non-conforming uses are declared by this ordinance to be incompatible with permitted uses in the zones involved. The continuance of a legal non-conforming use is subject to the following:
(1) A non-conforming use shall not be enlarged, altered, or moved to another portion of the lot unless approved by a conditional use permit.
(2) If a non-conforming use is discontinued for a period of 180 days or more, it shall lose its legal non-conforming status.
18.39.08 Non-Conforming Structures.
A non-conforming structure is one that is prohibited under the terms of the current zoning ordinance, but was lawful when constructed. The non-conformity could be by reasons of restrictions on area, height of structure, setbacks, distance between structures, parking facilities or other requirements concerning the structure.
A non-conforming structure may remain if it stays in the same use. Non-conforming structures may be enlarged, altered or moved only if the proposed structure meets zone code regulations.
18.39.10 Restoration of a Damaged Structure.
Whenever a non-conforming structure, or non-conforming use of a structure, is destroyed by fire or other calamity, or by act of God to the extent of 50 percent or less, the structure may be rebuilt with the non-conformity resumed. The rebuilding must be started within one year and diligently pursued to completion. If the destruction exceeds 50 percent, the non-conforming structure cannot be rebuilt and a non-conforming use shall not be resumed, unless it meets the following criteria:
A. Building permits are approved for the reconstruction within six months of the destruction.
B. Building is in a residential zone or is a residential building in a commercial zone.
C. The continuation of any uses in the building destroyed shall only be for legal and legal non-conforming uses that existed prior to destruction.
D. The rebuilt structure shall not exceed the size of the structure destroyed and shall be built to current building code standards.
E. The structure to be replaced shall have been a legally-constructed structure per zoning and building codes as they existed when the structure was built as ascertained by a history of building permits or City records as best as can be determined. If building permits or records do not exist for a destroyed structure in question, the Building Official and/or Planning Director shall have the responsibility of determining if the structure was legally built or not and thereby be eligible (or not) for a rebuild permit.
The extent of damage shall be based on the cost of restoring the structure to the estimated value of structure prior to damage. Estimates shall be made by or shall be reviewed and approved by the Building Official. (Ord. 940 Sec. 1, 2012)
18.39.12 Amortization of Non-Conforming Uses.
(1) Amortization periods for all non-conforming uses and/or structures shall be as follows:
(a) Where property has land improvement with a total replacement value of less than $2,000, non-conforming uses or conditions excluding agricultural field crops and orchards shall be terminated within one year.
(b) Where property has land improvements with a total replacement value of more than $2,000 but no individual structures with a replacement value of more than $2,000, non-conforming uses and/or structures excluding agricultural field crops and orchards shall be terminated within five years.
(c) Service stations which are in non-conformity with Chapter 18.33 (SERVICE STATIONS) shall be terminated by April 12, 2002. (Ord. 646, Sec. 1, 1992; Ord. No. 187; effective April 12, 1972)
(d) For amortization of signs, see Section 18.39.18(5).
(e) Subject to the limitation provided in subsection (ii) hereinbelow, that portion of a vehicular driveway encroaching in any public right-of-way for street purposes or on any public right-of-way offered for dedication for equestrian travel purposes or in any right-of-way being used for such purposes, in any Agricultural Residential Zone (A-1) in the City of Norco as of the effective date of City’s Ordinance No. 294, (June 3, 1974) and which portion was improved with a surface material, consisting of concrete, asphalt or comparable impervious material, may continue with such surfacing material for twenty (20) years to June 3, 1994, after which date said surfacing shall be removed.
Thereafter, however, the installation and use of the following approved materials in the intersection of driveways and the Pedestrian-Equestrian way is required:
(i) Decomposed granite, slag or steel slag with a more or less equal gradation mixture between 1/2 inch size maximum and No. 200 sieve size minimum.
(ii) Other materials, if City Council finds, based on a Streets and Trails Commission recommendation, that the proposed material will not constitute a threat to the public health, safety, and general welfare. (Ord. 642, effective February 1, 1992)
(iii) The provisions of subsection (e) shall apply only to a vehicular driveway, as of said effective date of Ordinance 294 (June 3, 1974), if said driveway had been excavated, constructed and improved pursuant to a properly and legally issued permit by the City and if, said driveway complied with all the conditions imposed therein by said permit and with all applicable laws of the State of California and the City of Norco, including its ordinances and resolutions. (Ord. 643, 1992)
(f) Non-commercial keeping of roosters which does not meet the standards as established in Section 18.13.06(4) shall be terminated, or brought into conformance, by December, 1993. (Ord. 669, 1993)
(2) Administration:
(a) All acts of the City Planning Commission under this section shall be construed as administrative acts. The acts shall be performed for the purpose of assuring that the intent and purpose of this Section shall apply as provided in this section, and shall not be construed as amendments to the provisions of this chapter.
(b) Upon expiration of the amortization period applied to a specific use and/or structure, the owner and/or occupant shall cause the non-conformity to be terminated. City officials charged with issuing permits and licenses shall refuse to issue or reissue such permits and licenses upon expiration of the amortization period.
(3) Enforcement: Owners and occupants of property effected by this Section shall comply with the provisions of this Section. Failure to comply with the provisions of this Section shall constitute a violation of this Ordinance and shall subject persons failing to comply to the provisions described in Chapter 1.04.