24.17.130 ALTERATIONS, & ADDITIONS TO EXISTING NONCONFORMING USES, AND STRUCTURES

(Ord. 695, 02/05)

A. A non-conforming structure shall not be altered or reconstructed to increase the nonconformity for front yard, side yards, rear yard, height of structures, or distances between structures, or usable open space prescribed in the zone in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the Property Development Standards for front yard, side yards, rear yard, height of structures, and distances between structures, or usable open space prescribed in the zone in which the structure is located.

B. A structure, the use of which is non-conforming, shall not be moved, altered, or enlarged, unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as permitted in this Section.

C. A non-conforming use may be enlarged or extended only within the structure in which the non-conforming use exists, provided no structural alterations, except those required by law are made.

D. A conforming use which fails to meet the Performance Standards of the zone in which it is located shall not be enlarged or extended or have equipment replaced that results in failure to meet Performance Standards unless the enlargement, extension, or replacement will result in elimination of nonconformity with Performance Standards.

E. An existing conforming residential use which is nonconforming as to side or rear yard setback requirements may be enlarged or extended through the granting of a variance, provided that the requirements of Sections 24.19.400 through 24.19.430 are met and that the following findings of fact are made:

1. That the subject residential use is located in the City’s Town Core defined as that area south of Fifteenth Street, west of “M” Street, north of First Street, and east of La Brucherie Road; and

2. That the structural enlargement or extension will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; and

3. That the structural enlargement or extension meets all other Property Development Standards of the zone in which it is located.

4. That the structural enlargement is only for the main residential structure. Accessory structures and secondary dwelling units, as defined in Section 24.01.180 of the City of Imperial Zoning Ordinance, may not be enlarged.

101 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE