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Division 3 — Nonconforming Uses and Structures

§ 33-1241. Continuing nonconforming use.

Escondido Zoning Code · 2026-05 edition · updated 2026-07-25 · Escondido

  • (a) A nonconforming use may be continued even though such use does not conform to the revised provisions of applicable regulatory ordinances, but only if such use constitutes a legal nonconforming use as determined by the provisions of this division.

  • (b) This division does not authorize or approve the continuance of the use of any land, building or structure which was in violation of law at the commencement of such use.

  • (c) Alterations or enlargements may be made to single-family residential structures in residential zones notwithstanding the fact that such structure or lots may not conform to the minimum setback, lot size or lot width requirements of the current applicable zoning regulations, if the residential structure was built in conformity with the development standards in force at the time of construction.

Alterations or enlargements made to such nonconforming structures shall observe current front and rear yard setbacks, but may observe prior established nonconforming side yard setbacks subject to current applicable building code requirements and subject to the limitations of section 33-1243.

  • (d) Notwithstanding the provisions of this chapter, the director of community development ("director") or designee, may determine that nonconforming status exists for residential, commercial or industrial zoned properties, even though permit documentation is not available, subject to the following findings:

    • (1) The structure was constructed prior to 1976 and subsequently annexed to the city.

    • (2) The structure or building does not create a public nuisance as a result of conditions that threaten the public health, safety and welfare.

    • (3) Except as noted in this subsection, all other provisions of this article shall apply.

  • (e) Investigation. Any request brought pursuant to this subsection, shall be made in writing to the planning division, and shall be accompanied by a filing fee, which shall be established by resolution of the city council. The director, or designee, shall review the request, together with any other information deemed relevant or necessary. Any necessary information shall be the responsibility of the applicant to provide. Upon making the required findings of this subsection, the director, or designee, shall grant, deny, or conditionally grant the request subject to the provisions of this article.

  • (Ord. No. 2017-03R, § 4, 3-22-17)

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1242

§ 33-1243

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▸ Contents — Escondido Zoning Code
Escondido Zoning Code
  1. Chapter 6
  2. Division 2 — Routing
  3. Division 2 — Weed and Rubbish Abatement Program
  4. Division 1 — Generally
  5. Division 1
  6. Division 2 — Variances and Administrative Adjustments
  7. ▸ Division 3 — Nonconforming Uses and Structures
    Overview
    1. § 33-1240. Definition and purpose.
    2. § 33-1241. Continuing nonconforming use.
    3. § 33-1242. Inapplicability of this division.
    4. § 33-1243. Exceptions to nonconforming use provisions.
    5. § 33-1246 or very low-income for at least one year prior to th…
    6. § 33-1244. Appeals.
    7. § 33-1245. Time for appeal.
    8. § 33-1246. Procedure for appeals.
    9. § 33-1247. Hearing on appeal.
    10. § 33-1248. Findings.
    11. § 33-1249. Appeal to planning commission and city council.
    12. § 33-1250. Future entitlements.
  8. Division 4 — Amendments and Zone Changes
  9. Division 5 — Reasonable Accommodation
  10. Division 6 — Public Hearings, Notices, Fees and Appeals
  11. Division 7 — Enforcement and Penalties
  12. Division 8 — Plot Plans
  13. Division 9 — Zoning Administrator

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