Chapter 19.76 — NONCONFORMING LOTS, STRUCTURES AND USES

It is the purpose of this chapter to establish the conditions under which existing structures and land uses may be permitted to continue despite their apparent violation of this title. It is the intent of this chapter that such nonconforming uses and buildings shall, except as provided herein, be eliminated as soon as it is economically and practically feasible to do so. (Ord. 94-884; Ord. 601 § 1, 1983)

Except as otherwise provided by law, nothing in this title shall prevent the strengthening or restoring to a minimum safe condition of any part of any structure declared unsafe by proper authority. (Ord. 94-884, 1994; Ord. 601 § 1, 1983)

• A. A legal nonconforming building that has been or may in the future be damaged or destroyed by fire, explosion, or other casualty or act of nature, or public calamity or riot, may be reconstructed to its original density, size, height, design, configuration or condition and the use or occupancy of such building or part thereof which existed at the time of such destruction may be continued provided such legal nonconformities are not increased in density or intensity, and there is no reduction in the amount of off-street parking and landscaping that existed onsite prior to such destruction.

• B. The community development department shall grant a reconstruction permit if it can be found, from the facts contained in the application, from information obtained by the community development director, and from the evidence presented, that:

  1. The building is a legal, nonconforming building and such legal nonconformity did not result from any action by any owner after the effective date of any zoning regulation with which the building is not in conformity; and,

  2. The legal, nonconforming building can be rebuilt on the previous footprint but must meet current building codes.

  3. At the time the application is filed, the applicant shall pay a reconstruction permit fee in such an amount as the city council shall from time to time establish by resolution.

  4. Developed properties located on the east side of Seacoast Drive, south of Imperial Beach Boulevard, adjacent to the Tijuana River National Estuarine Research Reserve (TRNERR) will comply with the current development standards of the underlying zone and land use policies wherever possible.

(Ord. 96-902 § 3, 1996; Ord. 97-911 § 1, 1977)

Repairs, alterations and maintenance work required to keep it in sound condition may be made to a nonconforming structure; provided, no structural alterations or additions shall be made except such as are required by law or ordinance, or authorized by the building official. (Ord. 94-884; Ord. 601 § 1, 1983)

A nonconforming structure may not be added or enlarged in any manner unless the additions or enlargements conform to all the regulations of the zone in which the structure is located. Increasing the square footage of a nonconforming residential structure does not constitute adding to or enlarging for purposes of this section provided that no additional dwelling unit is created and such increase otherwise conforms to applicable development standards.

(Ord. 94-884; Ord. 601 § 1, 1983; Ord. 97-909 § 1, 1997)

No nonconforming structure shall be moved, in whole or in part, to any other location on the lot or any other lot in the city unless every portion of such structure which is moved is made to conform to all the regulations of the zone in which it is to be located. (Ord. 94-884; Ord. 601 § 1, 1983)

The conforming use of a nonconforming structure may be changed to any other use which is permitted in the same zone as the use for which the structure is designed and arranged, except as provided in this title.

(Ord. 94-884; Ord. 601 § 1, 1983)

A nonconforming structure which, through provisions of this title, must be removed or modified, may be continued upon issuance of a valid variance as permitted in this title. (Ord. 94-884; Ord. 601 § 1, 1983)

The following nonconforming structures are declared to be nuisances and shall be discontinued or removed in accordance with the following schedule:

• A. All nonconforming signs, billboards or commercial advertising structures shall be removed within one year from the date of notification of violation or as provided for in Chapter 19.52 .

• B. Nonconforming structures having a permit value, or a value as determined by the building official of five hundred dollars or less shall be abated within three years from the date of notification of violation.

• (Ord. 94-884; Ord. 601 § 1, 1983)

A use shall be deemed to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon the use or not. A structure or parcel of land containing a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied for a continuous period of one year, shall be considered to have ceased such nonconforming use.

• A. Discontinuance in Structures. The nonconforming use of a conforming structure may be continued, except that any nonconforming commercial or industrial use of a residential building or residential accessory building in any residential zone shall be discontinued within three years from the date of notification of such violation.

• B. Discontinuance of Land. The nonconforming use of land shall be discontinued within three years of the date or notification of violation, in each or any of the following situations:

  1. Where no buildings are employed in connection with such use;

  2. Where the only buildings employed are accessory and incidental to such use; or

  3. Where such use is maintained in connection with a conforming building.

• C. Extension of Use. No nonconforming use of land shall be extended or expanded wither on the same or adjoining property.

• D. Conditional Use Permit. A nonconforming use which, through provisions of this title, is required to be discontinued may be continued upon issuance of a valid conditional use permit as permitted in this title.

• (Ord. 94-884; Ord. 601 § 1, 1983)

• A. Any lot, which contains less land area than that required for the zone in which it is located and for which an exception has not been made is provided in this chapter or Chapter 19.42 shall be considered a conforming lot.

• B. Except as otherwise provided in this title, no building shall be constructed or moved onto a nonconforming lot.

• (Ord. 94-884; Ord. 601 § 1, 1983)

Any lot shall be deemed to be conforming when the reduction in size was caused or created by a required dedication of land by the property owner to, or condemned by, the city or any other governmental agency for street widening or other public purposes. (Ord. 94-884)

Any lot shall be deemed to be conforming when the reduction in size was caused or created by a required dedication of land by the property owner to, or condemned by, the city or any other governmental agency for street widening or other public purposes. (Ord. 94-884)