Imperial County Municipal Code Ch. 5 Nonconforming Uses, Buildings and Lots

Within the zones established by this title, there exist structures, uses, lots, signs and conditions which were or may have been lawful before this title was passed or amended, but which would be prohibited or restricted under this title. The board of supervisors declares that any nonconforming structures, uses, lots and signs that are incompatible with permitted uses in a specific zone shall not be enlarged, expanded or extended. Furthermore such nonconforming structures, uses and signs shall not be used as grounds for adding other structures, uses or signs prohibited by this title.

(Prior code § 90105.00)

A. Any nonconforming structure may be continued and maintained, provided there is no physical change other than the necessary maintenance and repair of such a structure except as otherwise provided by this title.

B. A nonconforming structure shall not be enlarged in area, space or volume.

C. Any nonconforming structure which is vacant for a period of one year or more shall not again be used or occupied for a nonconforming use.

D. Any nonconforming structure may be reconstructed, repaired or rebuilt when damaged by fire, earthquake, explosion or act of God, if the reconstruction and repair expense does not exceed fifty percent (50%) of the assessed value of the building at the time such damage occurred, and provided there is no expansion of the total area of the building as it existed prior to the damage; provided further, that all such construction shall be commenced within one year from the date of such damage.

E. Where buildings or accessory structures have been rendered nonconforming as a result of a change in front yard setback requirements, the buildings or structures may be reconstructed at the same location provided there is no greater degree of nonconformity.

F. Any structure that has been issued a repair order by the building official may be repaired and brought into compliance with Health and Safety Code Regulations, however the repairs and renovations shall be limited to those so ordered.

G. Any nonconforming structure issued a condemnation order shall not be rebuilt or renovated if it is a nonconforming structure.

(Prior code § 90105.01)

A. Any nonconforming use may be maintained and continued provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use except as otherwise provided herein.

B. Any part of a building, structure, facility or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.

C. Any part of a building, structure, facility or land occupied by a nonconforming use that has been abandoned for a period of one year or more, shall not again be used or occupied for a nonconforming use.

D. If no structural alterations are made, a nonconforming use of a building may be changed to a similar or lesser intensity nonconforming use, provided the amortization time is not extended.

(Prior code § 90105.02)

A. A nonconforming use of land shall not be expanded or extended in any way.

B. A nonconforming use of land shall not be changed to or replaced by any other use except the use that complies with the regulations of the zone within which subject property lies.

C. Any nonconforming use of land that has been abandoned for a period of one year or more shall not be re-established.

D. Nonconforming uses of land, where no main building or facility has been established, shall be discontinued within five years of the effective date of this title.

(Prior code § 90105.03)

Any lot which was legally recorded prior to the effective date of this title may be used in conformance with the uses permitted by the zone in which it is located, provided that all yard and setback requirements are and can be met, and provided further that such lots can accommodate the necessary health and safety facilities such as septic tank, leach field systems, water wells, etc.

(Prior code § 90105.04)

Any use permitted under the provisions of this title that currently exist with nonconforming setbacks may be replaced upon the same location if damaged or destroyed by fire, earthquake, explosion or act of God, regardless of the cost of such construction. However, under this provision no new portion of such replacement may be placed within these nonconforming setbacks.

(Prior code § 90105.05)

A. The provisions of this section shall apply to all signs in the unincorporated areas of the county. Except as otherwise provided in this title, any sign lawful in use on the effective date of this title, but made nonconforming by this title may continue to be used for a period of five years. Any sign which becomes nonconforming because of an amendment to this title may be continued for a period of five years from the effective date of any such amendment.

B. Nonconforming signs existing beyond five years as provided for in subsection A of this section are declared illegal signs and a public nuisance, and shall be abated.

C. Nonconforming signs shall be kept in good repair during the five-year period the sign may be used. Alterations or modifications to any nonconforming sign are prohibited except for structural repair resulting in the same size or shape and for routine maintenance. However, such repair maintenance shall not be cause for an additional extension.

D. A requirement for a nonconforming sign to be removed or altered so as to comply with the requirements of this title may be imposed as a condition on the approval of a subdivision, a conditional use permit, a variance or other discretionary land use entitlement.

(Prior code § 90105.06)

Where there is doubt regarding the legal nonconforming status of a structure, use of structures, uses of land, parcel size or sign, documentation shall be submitted to the director of planning to establish its legal nonconforming status.

(Prior code § 90105.07)