Title 19 — ZONING›Chapter 19.37 — NONCONFORMING USES AND STRUCTURES
Division 3 — NONCONFORMING STRUCTURES
Commerce Municipal Code · 2026-09 edition · updated 2026-10-02 · Commerce
19.37.150 - Nonconforming structures—Abatement.¶
A.
Exemption for Residential Structures. Nonconforming residential structures used for residential purposes shall not be required to comply with this Chapter 19.37 nor to be completely removed for noncompliance. However, the number of dwelling units shall not be increased, nor shall such use be altered or expanded in any way so as to increase the nonconformity.
B.
Nonresidential Uses. Nonconforming 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 period after which they are deemed nonconforming, as set forth in Table 19.37.150A.
Table 19.37.150A Abatement of Nonconforming Structures
| Zone or Use | Abatement Schedule |
|---|---|
| 1. In any zone, a nonconforming structure containing less than 100 sf of gross floor area | 3 years |
| 2. Nonconforming structure containing more than 100 sf of gross floor area | 10 years |
| 3. Oil and gas wells | 10 years |
Abbreviations: sf=square feet
(Ord. 544 § 1(part), 2000).
19.37.160 - Nonconforming structures—Alterations and additions.¶
A.
A nonconforming structure 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 otherwise provided in this Division 3.
B.
A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the development standards for front yards, side yards, rear yards, height of structures, or usable open space prescribed in the development standards for the zone in which the structure is located.
C.
A nonconforming structure shall not be moved or enlarged unless the new location or enlargement shall conform to the development standards or usable open space prescribed in the development standards for the zone in which the structure is located.
(Ord. 544 § 1(part), 2000).
19.37.170 - Nonconforming structures—Repair of damaged or partially destroyed structures.¶
A.
Whenever a structure that does not comply with the development standards prescribed for the zone in which the structure is located is destroyed by fire or other casualty or calamity, by act of God, or by the public enemy, to the extent of no more than fifty percent of its market value, repairs to the structure may be made; provided, that such repairs are initiated within one year from the date of damage; and further provided that the repairs are undertaken without periods of work stoppage.
B.
If the necessary repairs will equal more than fifty percent of the market value of the structure, the structure may not be restored except in full conformity with the development standards for the zone in which it is located.
(Ord. 544 § 1(part), 2000).
19.37.180 - Nonconforming fences and walls.¶
Nonconforming fences and walls shall not be enlarged or altered unless they are altered to conform to the applicable height or materials regulations specified in this Title 19.
(Ord. 544 § 1(part), 2000).
19.37.190 - Reserved.¶
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