Beaumont Municipal Code Ch. 17.C.16 Nonconforming Buildings, Uses, and Lots

This Chapter establishes uniform provisions for the regulation of legal nonconforming structures, and lots. Within the zones established by Title, there exist structures, land uses, and lots that were lawful prior to the adoption, or amendment of this Title, but which would be prohibited, or regulated or restricted differently under the terms of this Title or future amendments. This Chapter intends to discourage the long-term continuance of these nonconformities and allow them to exist under limited conditions.

This Chapter applies to all zones and to any building, use, or lot that is nonconforming.

A. Any nonconforming use or building or structure may be continued, used, and maintained in compliance with this Chapter.

B. Any nonconforming lot may be used, developed, and maintained in compliance with this Chapter.

C. A nonconforming use, building, structure, and/or lot may be transferred or sold, provided that no such use or structure shall be enlarged or altered except as otherwise provided in this Chapter.

A. Maintenance and Repair.

1. Maintenance and Repair Generally Allowed. A nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made, except those made in compliance with Subsection 17.C.16.040.A.3 (Seismic Retrofitting or Energy Efficiency Upgrades).

2. Maximum Repair Value Limit. Unless conducted for seismic retrofitting or energy efficiency upgrades in compliance with Subsection 17.C.16.040.A.3 (Seismic Retrofitting or Energy Efficiency Upgrades) below, all maintenance and repair work must not exceed 15 percent of the appraised value of the structure as shown in the Riverside County Assessor's records in any one-year period, unless the Planning Commission allows more extensive work through Major Plot Plan approval after finding that the additional work will not prolong the duration of a nonconforming use.

3. Seismic Retrofitting or Energy Efficiency Upgrades.

a. Reconstruction required to reinforce un-reinforced masonry structures is allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.

b. Improvements may be made to a nonconforming building or structure related to improving the energy efficiency, reducing the energy usage, and reducing the greenhouse gas emissions impact of the building or structure without cost limitations.

B. Additions to and Enlargements.

1. 25 Percent or Less of Existing Floor Area.

a. Floor Area Limitation. An enlargement, extension, reconstruction, or structural alteration of a nonconforming structure that does not exceed 25 percent of the existing total floor area, excluding garages, may be allowed if the additions or improvements conform to all other applicable provisions of this Title and the exterior limits of the new construction do not increase the degree of nonconformity to height or setback standards.

b. Residential Zone. If the nonconforming structure is in a residential zone, the applicant shall provide a certified notification letter to any applicable homeowner association and all adjoining property owners at least 14 days in advance of approval of a Minor Plot Plan.

c. Subsection 17.C.16.040.B.1.a (Floor Area Limitation) can only be used once per structure. Any additional changes to a structure which exceeds 25 percent of the existing total floor area identified in Subsection 17.C.16.040.B.1.a (Floor Area Limitation) requires approval of a Major Plot Plan in compliance with Subsection 17.C.16.040.B.2 (More than 25 Percent of Existing Floor Area) below.

2. More than 25 Percent of Existing Floor Area.

a. Floor Area Limitation. An enlargement, extension, reconstruction or structural alteration of a nonconforming structure that exceeds 25 percent of the existing total floor area, excluding garages, may be allowed by Major Plot Plan if the additions or improvements conform to all other applicable provisions of this Title and the exterior limits of the new construction do not increase the degree of nonconformity to height or setback standards.

b. The applicant shall provide a certified notification letter to any applicable homeowner association at least 10 days in advance of the public hearing.

C. Restoration of Damaged Buildings and Structures. A nonconforming building or structure which is involuntarily damaged by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, may be reconstructed, restored, or rebuilt subject to approval of a Minor Plot Plan, and in compliance with the following conditions:

1. The involuntarily damage or partial destruction is not more than 75 percent of the nonconforming building or structure's market appraised value immediately prior to the damage;

2. The building permit for reconstruction, restoration, and rebuilding is issued within one year of the damage;

3. Reconstruction, restoration, and rebuilding is diligently pursued to completion;

4. Reconstruction, restoration, and rebuilding is found to not be detrimental to public health or safety by the Community Development Director;

5. The reconstructed building must have no greater floor area than the one destroyed; and

6. The exterior limits of the new construction are consistent with the height and setback requirements of the underlying zone.

D. Duplex and Multiple Family Dwellings. If a duplex or multiple-family dwelling is involuntarily damaged, the City may only prohibit the reconstruction of the duplex or multiple-family dwelling if the findings required by Government Code § 65852.25 are made.

A. Continuation of Nonconforming Use. A legal nonconforming use may be continued absent a loss of nonconforming status as identified in Subsection 17.C.16.050.C (Loss of Nonconforming Status).

B. Expansion or Change of Nonconforming Use.

1. Expansion of Nonconforming Use. A nonconforming use of a portion of a structure may be expanded subject to approval of a Conditional Use Permit; however, the Community Development Director may approve an expansion of up to 25 percent of the gross floor area if the expansion brings the nonconforming use into more conformity with this Title or if the Community Development Director finds that the expansion provides a public safety benefit (e.g., safer traffic flow).

2. Change of Use to a Different Nonconforming Use. A nonconforming use may be changed to a nonconforming use of a more restrictive nature subject to approval of a Conditional Use Permit.

C. Loss of Nonconforming Status. If a legal nonconforming use is discontinued for a continuous period of six months, it may only be replaced with a conforming use.

D. Additional Uses Prohibited. No additional uses shall be established on the site unless the nonconforming use is first discontinued. Any new use must comply with all applicable provisions of this Title.

E. Public Nuisance. If a legal nonconforming use becomes a public nuisance, it loses its legal nonconforming status and may be abated subject to due process requirements.

A. Legal Building Site. A nonconforming lot of record that does not comply with the applicable lot requirements for the zone (e.g., access, lot area, or lot width, etc.) in which it is located is considered a legal building site if it meets at least one of the criteria specified by this Section. It is the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:

1. Approved Subdivision. The lot was created through a subdivision approved by the County of Riverside or the City.

2. Individual Lot Legally Created by Deed. The lot is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the zoning amendment that made the lot nonconforming.

3. Variance or Lot Line Adjustment. The lot was approved through the Variance or resulted from a Lot Line Adjustment.

4. Partial Government Acquisition. The lot was created in conformity with the provisions of this Title, but was made nonconforming when a portion of the lot was acquired by a governmental entity so that the lot size is decreased not more than 20 percent and the setback facing any road was decreased not more than 50 percent.

B. Subdivision or Adjustment of a Nonconforming Lot. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing nonconforming lot.

A. Nonconforming Parking. An existing use of land or existing structure, where parking for said use or structure was conforming at the time of establishment or modification, shall not be deemed to be nonconforming solely because of the lack of parking facilities prescribed in Chapter 17.C.06 (Parking Requirements), but rather shall retain conforming status for as long as the use or structure remains unmodified.

B. Nonconforming Landscaping. An existing use of land or existing structure, where landscaping or screening for said use or structure was conforming at the time of establishment or modification, shall not be deemed to be nonconforming solely because of the lack of landscaping and screening prescribed in Chapter 17.C.04 (Landscaping Standards), but rather shall retain conforming status for as long as the use or structure remains unmodified.

C. Nonconforming Lighting. Nonconforming lighting is subject to Beaumont Municipal Code Chapter 8.50 (Outdoor Lighting).

D. Nonconforming Signs. This Chapter does not regulate nonconforming signs, which are instead subject to the requirements of Section 17.C.08.130 (Nonconforming Signs).