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Division 3 — Nonconforming Uses and Structures

§ 33-1243. Exceptions to nonconforming use provisions.

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

  • (a) Routine Maintenance. Nothing in this division shall prevent a property owner from performing routine maintenance on a nonconforming use. For the purposes of this section, the term, "routine maintenance," is minor work on a nonconforming use which does not require a permit of any kind and is primarily related to the aesthetics of a use or to alleviate normal wear and tear. Common examples of routine maintenance include, but are not limited to, painting, scraping, cleaning, pruning and so forth.

  • (b) Voluntary Work. Nothing in this division shall prohibit the repair, alteration, improvement or reconstruction of a nonconforming use provided that the total cumulative costs of such work do not exceed 25% of the replacement value of the nonconforming use. The 25% limitation shall include the replacement costs of work conducted pursuant to subsection (c) of this section and shall not include work that brings the property more into conformance with the current code:

    • (1) Improvements, additions and/or alterations for a nonconforming single-family residential structure(s) in a residential zone, including restoration pursuant to government order, may exceed the 25% limitation up to 50% of the replacement value of the nonconforming structure;

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City of Escondido, CA § 33-1243

ZONING

§ 33-1243

  • (2) Improvements, additions and/or alterations above 50% for a nonconforming singlefamily residential structure(s) in a single-family zone, including restoration pursuant to governmental order, may be approved or conditionally approved by the director, or designee, pursuant to an administrative adjustment, as provided for in Division 2 of this article, upon demonstration that the proposed adjustment will be compatible with and will not be detrimental to adjacent property or improvements;

  • (3) The application for the administrative adjustment of the replacement valuation shall include a fee to the city in an amount to be established by resolution of the city council. The director may agendize the application for consideration by the planning commission. Replacement values shall be calculated by using the most recent table of valuation multipliers of the International Code Council;

  • (4) A nonconforming sign may be altered, improved or remodeled notwithstanding this section provided the cumulative costs of such improvements or remodeling of the sign does not exceed 50% of the cost of reconstruction of the building, as determined by the director;

  • (5) City-Wide Zone Change. Nothing in this division shall prohibit the repair, alteration, improvement or reconstruction of a residential use considered nonconforming due to the city-wide zone change program; provided, that the total cumulative costs of such work does not exceed 50% of the replacement value of the nonconforming use, except as permitted within this subsection;

  • (6) Industrial Zones. Repairs, alterations and expansions to nonconforming sites, structures and uses in industrial zones may exceed the 25% limitation up to 75% of the replacement costs of all existing improvements provided the expansion or alteration does not expand the degree of nonconformity, pursuant to section 33-574 of this chapter.

  • (c) Restoration Pursuant to Governmental Order. Nothing in this division shall prevent the repair, alteration, improvement or reconstruction of any portion of a nonconforming use if such work is ordered by a governmental authority having jurisdiction or if such work is necessary to bring the nonconforming use into compliance with any applicable building, plumbing, electrical or similar codes, provided the total cost of such work includes only restoration pursuant to government order to ensure health, safety and welfare.

  • (d) Restoration Following Disaster. Nothing in this division shall prevent the repair, alteration, improvement or reconstruction of any nonconforming use damaged by fire, collapse, explosion or acts of God, provided the total cumulative costs of such work does not exceed 50% of the replacement value. Nonconforming residential structures are exempt from the 50% limitation set forth in this subsection and may be constructed, repaired and rebuilt to nonconforming densities and the use thereof may be continued following damage by fire, collapse, explosion or acts of God without limitation as to cost. The percent limitations set forth in this subsection do not include work pursuant to subsection (b) or (c) of this section.

  • (e) Low-and Very Low-Income Housing. Low-and very low-income housing units may be repaired, altered, improved or reconstructed to a condition complying with all applicable building, electrical, plumbing and similar codes without regard to the percent limitations set forth in subsection (c) or (d) of this section, if the following conditions are satisfied:

    • (1) The housing units at issue have been inhabited continuously by individuals with low-

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City of Escondido, CA § 33-1243

ESCONDIDO CODE

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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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