Irvine Municipal Code Ch. 3-19 Nonconforming Uses and Structures

Any lawful use of land, buildings or structures existing or under construction at the time this zoning ordinance or any revision is adopted may be continued except as provided herein. This applies even if the use does not conform with the land use regulations and/or development standards of the land use category in which it is located.

(Code 1976, § V.E-312.1; Ord. No. 94-7, § 3, 6-14-94)

Any nonconforming use of land and/or a building or structure which becomes vacant and remains unoccupied for a continuous period of one year shall be termed abandoned, and all future uses shall comply with the regulations of the area in which it is located.

(Code 1976, § V.E-312.2; Ord. No. 94-7, § 3, 6-14-94)

A. An existing building or structure conforming as to use, but which does not conform to the general development standards in this zoning ordinance may be altered, added to or enlarged, provided that any alterations, additions or enlargements comply with all current regulations of this zoning ordinance.

B. A lawfully established land use which does not conform to the current land use regulations of the zoning district in which it is located may not be altered and/or expanded unless the proposed project complies with the current land use regulations of the zoning ordinance.

C. If a conditional use permit application is filed to change the use of the building or structure, the application must demonstrate that the portion of the site or building affected by the use permit application can be brought into conformance with all development standards except those for which administrative relief or a variance may be granted. This provision shall not apply to sites that are nonconforming with respect to development standards as a result of public acquisition of a portion of the site for right-of-way purposes.

(Code 1976, § V.E-312.3; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 21-06, Exh. A, 6-8-21)

A nonconforming building and/or site shall be maintained in sound condition.

(Code 1976, § V.E-312.4; Ord. No. 94-7, § 3, 6-14-94)

A nonconforming building and/or structure which is damaged or partially destroyed by fire, explosion or man-induced or natural disaster to the extent of more than 75 percent of the gross square footage of the building and/or structure shall be subject to all the applicable regulations specified by this zoning ordinance.

(Code 1976, § V.E-312.5; Ord. No. 94-7, § 3, 6-14-94)