Chapter 17.44
NONCONFORMING USES, STRUCTURES AND PERFORMANCE STANDARDS*
Sections:
17.44.020 Nonconforming structures.
17.44.040 Abatement of nonconforming uses and structures.
17.44.050 Removal of illegal nonconforming structures and uses.
* Prior legislation: Ords. 113, 252, 262 and 425.
17.44.010 Purposes.
A. This chapter is intended to promote the public health, safety and general welfare of the City and its citizens by prohibiting or limiting nonconforming uses and structures considered harmful or detrimental to the orderly and creative development of surrounding land uses.
B. While permitting the use and maintenance of existing nonconforming uses and structures, this chapter is intended to establish the criteria under which they may be continued, moved or possibly expanded, and to provide for the correction or removal of the land use nonconformities determined incompatible in an equitable, reasonable and timely manner. (Ord. 462, 1996)
17.44.020 Nonconforming structures.
A structure which was lawfully erected, but which no longer conforms to the applicable code requirements because of a change in zone boundaries or a change of regulations for the zone in which it is located is a legal nonconforming structure, and may remain subject to the following restrictions and requirements. A structure shall not be deemed nonconforming due to failure to conform to design guidelines contained in the Poway road specific plan.
A. Restoration of Damaged Structure.
1. Whenever a nonconforming structure is destroyed by fire, or any other calamity, to the extent of 50 percent or less, the structure may be restored provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50 percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the property development standards for the zone in which it is located except that any residential structure(s), including multifamily may be reconstructed up to the original size, placement and density regardless of the extent to which it is damaged provided that restoration/reconstruction is started within one year and diligently pursued to completion.
2. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the building code.
B. Maintenance and Repair. Routine maintenance and repairs may be performed on nonconforming structures. Structural elements may be modified or repaired only if the Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property, and the cost does not exceed 50 percent of the replacement cost of the legal nonconforming structure based on the estimated cost of duplicating the entire structure as determined by the Building Official based on the minimum cost of construction in compliance with the building code. However, improvements required to reinforce nonreinforced masonry structures, shall be permitted without replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.
C. Alterations and Additions.
1. Except for single-family residences in residential zones, no nonconforming structure shall be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the property development standards unless required by law or unless the moving, alteration or enlargement will reduce or eliminate the nonconformity or except that changes to interior partitions or other nonstructural improvements may be made provided that the cost of the improvements shall not exceed one-half of the replacement cost of the nonconforming structure over any consecutive five-year period.
2. No structure housing a commercial use in a residential zone may be altered so as to install exterior lighting other than porch lighting at entrances and motion-activated security lighting of a type normally associated with single-family dwellings. (Ord. 462, 1996)
17.44.030 Nonconforming uses.
A nonconforming use is one which was lawfully established but which is no longer permitted in the zone in which it is located due to a change in zoning boundaries or regulations.
A. Residential Uses. In any zone, an existing residential use may be permitted to continue provided that the number of dwelling units shall not be increased.
B. Commercial Uses in Commercial Zones. Nonconforming commercial uses in commercial zones may continue to operate in the location where they were legally established in perpetuity subject to the following:
1. Such uses may maintain and install equipment and may expand into adjacent portions of the same building which were not occupied by the use at the time it became nonconforming. The area occupied by the nonconforming use may be expanded onto portions of the same property not previously occupied by the nonconforming use subject to approval of a conditional use permit for the entire nonconforming use including the expansion.
2. Such uses may add activities which are permitted by right within the land use district in which they are located. Such uses may add activities which are permitted by conditional use permit subject to approval of a conditional use permit for the entire nonconforming use including the additional activity or activities.
3. If the building in which the nonconforming use is housed is destroyed to any extent, the nonconforming use may be reestablished provided that the reconstruction or restoration of the building is started within one year and diligently pursued to completion.
4. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed.
C. Mini-Warehouses and Gasoline Service Stations in Commercial Land Use Districts. Nonconforming mini-warehouses and gasoline service stations in commercial land use districts may continue to operate in the location where they were legally established subject to the following:
1. Such uses may maintain and install equipment and otherwise conduct routine maintenance and repair activities but may not expand.
2. Reestablishment of the use after destruction by fire, or other calamity, shall be according to the provisions established for nonconforming structures in PMC 17.44.020(A).
3. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
D. Other Nonconforming Uses. Nonconforming uses other than residential uses, nonconforming commercial uses in commercial land use districts, mini-warehouses and gasoline service stations shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.
1. If the nonconforming use is discontinued, a similar nonconforming use or a conforming use is permitted; however, no intervening alternative nonconforming use will be permitted.
2. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed.
3. Routine maintenance and repairs may be performed on a nonconforming use.
E. Nonresidential Uses and Nonresidential Structures in Residential Zones. Nonconforming nonresidential uses and nonconforming nonresidential structures in residential zones may continue to operate in the location where they were legally established, except that such a use or structure cannot continue once it is abandoned. For purposes of this section, a nonconforming use or structure will be deemed abandoned in the following circumstances:
1. When the use or the structure is converted to a conforming use or structure; or
2. When the use or the use of the structure is discontinued for a period of 180 days or more. (Ord. 656 § 2, 2007; Ord. 462, 1996)
17.44.040 Abatement of nonconforming uses and structures.
A. Calculation of Time. The time period for any required removal or alteration of the structure shall be computed from the effective date of the change in zone boundaries or regulations.
B. Abatement. Legal nonconforming uses and/or structures shall be discontinued, altered or removed within the following specified time limits:
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1. A nonconforming use which does not occupy a structure or a use occupying a structure having an assessed value of less than $500.00 |
5 years |
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2. Nonconforming structures having an assessed value of less than $500.00 |
5 years |
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3. The nonconforming use of a conforming structure within any residential land use district |
15 years |
C. Harmful Uses. In any zone any nonconforming use or structure determined to be a health, safety or environmental (including noise impacts) hazard to the surrounding land uses may be ordered terminated by the City Council within a period of time less than otherwise specified in this section, provided that the City Council finds that said termination can reasonably be accomplished and that a reasonable amortization period is provided. (Ord. 462, 1996)
17.44.050 Removal of illegal nonconforming structures and uses.
Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of this chapter and State law. (Ord. 462, 1996)
17.44.060 Nonconforming lots.
An existing legal lot shall not be deemed nonconforming if it does not meet the minimum lot width, depth or lot size for the zone in which it is located. Additionally, no existing legal lot with RR-A, RR-B or RR-C zoning shall be deemed nonconforming if it does not meet the slope criteria for the RR-A, RR-B or RR-C zones. (Ord. 462, 1996)