Duarte Municipal Code Ch. 19.100 Other Specific Nonconforming Provisions

A. Parking spaces and improvements. Any nonconformity with respect to parking spaces or improvements may continue indefinitely, subject to compliance with Section 19.38.070 (Waiver of Parking Requirements for Lots with Nonconforming Parking), except that with any change, expansion, or intensification of use, the additional parking required for such change, expansion, or intensification shall be fully conforming.

B. Loading spaces. Any nonconformity with respect to loading areas may continue indefinitely, except that with any change, expansion, or intensification of use, the additional loading areas required for such change, expansion, or intensification shall be fully conforming.

C. Parking lot landscaping. Upon a review for any expansion, intensification, or reconfiguration of an existing parking lot, the designated Review Authority may require that any nonconformity with respect to interior landscaping and landscaped yards along streets and alleys for parking lots be made conforming to the fullest extent feasible.

A. Any lawfully created use that becomes nonconforming with regard to garages, including but not limited to the number of parking spaces, may continue indefinitely with such nonconformity as long as such use continues as permitted. However, upon any change in land use, occupancy, or expansion of the use or structure, adequate off-street parking shall be provided in conformance with the requirements set forth in Chapter 19.38 (Off-Street Parking Regulations and Design) and more specifically, Section 19.38.050.F (Additions to Single-Family Residential with a Garage Containing Fewer than Two Spaces).

B. Garages that have illegally converted to habitable rooms are strictly prohibited.

Any lawfully created use that becomes nonconforming with regard to landscaping, including, but not limited to, site coverage, parking lot coverage, distribution, installation, or maintenance, may continue indefinitely with such nonconformity as long as such use continues as permitted. However, upon performing any improvements to the lot exceeding 50 percent of the total appraised value of the existing property, as determined by a licensed appraiser, landscaping shall be provided in conformance with the requirements set forth in Chapter 19.40 (Landscaping).

A. Legally established nonconforming fencing material shall be allowed to continue. Where the nonconforming fencing material is to be replaced with a new fencing material, it will be subject to the requirements in Section 19.36.050 (Prohibited Fencing Materials). However, any legal nonconforming chain-link fencing in residential zones shall be subject to abatement within one year of the date that such materials were rendered nonconforming.

B. Any fences and landscaped buffers that are required along property lines shall be provided at the time of any expansion or intensification of a nonresidential use.

Legally established nonconforming signs shall be allowed to continue, subject to the compliance with Section 19.42.240 (Nonconforming Signs).

A. Off-site impacts. Any nonconformity with respect to environmental effects upon surrounding property (such as lighting or noise) shall be made conforming within three years after the date of becoming nonconforming.

B. On-site impacts. Any nonconformity with respect to an environmental effect upon the premises where the source of the effect is located may continue indefinitely.

A. Corner cutback areas. Nonconforming obstructions to the required clear visibility triangle, including landscaping, fencing, walls, signage, artwork, and similar features but specifically excluding buildings, shall be removed or made conforming within one year after the date of becoming nonconforming. See Section 19.32.030 (Corner Cutback Areas).

B. Access. Nonconforming driveways or other vehicular access arrangements may continue indefinitely, except that with any expansion or intensification of use, the access serving such expansion or intensification shall be made fully conforming.

Notwithstanding any other provision of this Chapter, any nonconformity which can be made conforming without requiring that a capital expenditure be made or a capital loss incurred shall be made conforming within one year after the date of becoming nonconforming.