Calexico Municipal Code § 17.01.880 Elimination of nonconforming uses and structures

A. Uses. This section is intended to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their re-establishment after abandonment, and the alteration or restoration after destruction of the structures they occupy.

B. Structures. While permitting the use and maintenance of existing nonconforming structures, this section is intended to:

1. Limit the number and extent of nonconforming structures by prohibiting their relocation, alteration, or enlargement in a manner that would increase the nonconformity; and

2. Prohibit restoration of nonconforming uses and structures after destruction. (1992 zoning ord. (part))

A. A use lawfully occupying a structure or a site, that does not conform with the use regulations or the performance standards for the zone in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this section.

B. A structure, lawfully occupying a site, that does not conform with the property development standards for front yard, side yards, rear yard, height coverage, or distances between structures, for the zone in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this section.

C. Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure. (1992 zoning ord. (part))

A. A nonconforming structure shall not be altered or reconstructed to increase the nonconformity for front yard, side yards, rear yard, height of structures, or distances between structures, or usable open space prescribed in the zone in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the property development standards for front yard, side yards, rear yard, height of structures, and distances between structures, or usable open space prescribed in the zone in which the structure is located.

B. A structure, the use of which is nonconforming, shall not be moved, altered, or enlarged, unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as permitted in this section.

C. A nonconforming use may be enlarged or extended only within the structure in which it is wanted, provided no structural alterations, except those required by law are made.

D. A use which fails to meet the performance standards of the zone in which it is located shall not be enlarged or extended or shall have equipment replaced that results in failure to meet performance standards unless the enlargement, extension, or replacement will result in elimination on nonconformity with performance standards. (1992 zoning ord. (part))

Whenever a nonconforming use has been discontinued or changed to a conforming use for a continuous period of one hundred eighty calendar days or more, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use, unless the director of planning is notified in writing of the intent to resume and has approved a schedule for resumption of said use. (1992 zoning ord. (part))

A. Whenever a structure which does not comply with the property development standards for front yard, side yards, rear yard, height of structures, or distances between structures prescribed in the zone in which the structure is located, or the use of which does not conform with the performance standards for the zone in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of fifty percent or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds fifty 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 and the nonconforming use shall not be resumed.

B. 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. (1992 zoning ord. (part))

The following uses, when nonconforming, need not be removed and under certain conditions may be expanded provided that they shall be subject to the provisions of Section 17.01.840, Discontinuation of nonconforming use, and Section 17.01.850, Restoration of a damaged structure.

A. In any zone, a residential use, provided that the number dwelling units shall not be increased.

B. In an R zone, a nonresidential use that is a permitted use or a conditional use in the CO or CN zone may be continued and a conditional use permit may be granted for expansion of the floor area or the site area occupied by the use by not more than a total of ten percent in any five year period.

C. In a CH zone, a use that is a permitted use or a conditional use in any C zone or any I zone may be continued and a conditional use permit may be granted for expansion of the floor area or the site area occupied by the use by not more than a total of ten percent in any five year period.

D. In an I zone, a use that is a permitted use or a conditional use in any I zone may be continued, provided that nonconformity with screening and performance standards requirements shall be eliminated as prescribed in Section 17.01.880. A use permit may be granted for expansion of the floor area or the site area. (1992 zoning ord. (part))

A use permit may be granted for conversion of a nonconforming use to another nonconforming use, provided that the planning commission makes the following findings:

A. The proposed nonconforming use will not have a greater adverse impact on the surrounding area than the existing or former nonconforming use; and

B. The proposed nonconforming use shall be a use that would be permitted to continue in the zone in which it would be located as prescribed in Section 17.01.860, Exceptions to provisions for elimination of nonconforming uses and structures. (1992 zoning ord. (part))

Except as permitted in Section 17.01.860, Exceptions to provisions for elimination of nonconforming uses and structures, and Section 17.01.870, Change to another nonconforming use, nonconforming uses, and structures, shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time after they become nonconforming.

A. Uses.

1. In any zone, removal of a nonconforming use that does not occupy a structure or a use occupying a structure having an assessed valuation of less than five hundred dollars shall be removed or made to conform within five years from the date of notification as set forth in Section 17.01.895 herein.

2. In an R zone, a use that is not a permitted use or a conditional use in a CO or CN zone; or in a CH zone, a use that is not a permitted use or a conditional use in any C zone or an I zone shall be removed or made to conform within fifteen years from the date of notification as set forth in Section 17.01.895 herein.

B. Structures.

1. Removal or alteration of a nonconforming structure having an assessed valuation of less than five hundred dollars shall be removed or made to conform within five years from the date of notification as set forth in Section 17.01.895 herein. (1992 zoning ord. (part))

Whenever a use and/or a structure become nonconforming because of a change of zone boundaries or a change of regulations for the zone in which it is located, the period of time prescribed in this article for the elimination of the use, and the removal of the structure, shall be computed from the effective date of the change of zone boundaries or regulation. (1992 zoning ord. (part))

When the planning director determines the existence of nonconforming uses listed in Section 17.01.880, Elimination of nonconforming uses and structures, and notifies the owner by certified or registered mail of the provisions and dates for compliance with the provisions of Section 17.01.880 the time periods prescribed shall commence. The first notification shall precede the date by which elimination is required by not less than the time periods prescribed in Section 17.01.880. Thereafter, notification shall be given annually in the same manner as the first notification. (1992 zoning ord. (part))