Menifee Zoning Code Ch. 9.15 Nonconforming Uses and Structures

Contents:

9.15.010 Purpose

9.15.020 Continuing Existing Nonconforming Uses and Structures

9.15.030 Nonconforming Use of Land

9.15.040 Nonconforming Use of Structures

9.15.050 Improvement of Nonconforming Uses

9.15.060 Nonconforming Structures

9.15.070 Reconstruction of Damaged Nonconforming Structures

9.15.080 New Structures on Nonconforming Lots

The purpose of this chapter is to specify the authority, procedures and limitations for the use, expansion, modification, and restoration of structures and uses made nonconforming by the enactment or amendment of this Title.

Except as otherwise provided herein, the lawfully permitted use of a structure or of land and the lawfully permitted existence of structures existing on the effective date of this Title or any amendment thereto as determined by the Director may be continued even though such use or structure does not conform to the use or dimensional requirements of this Title. Said uses shall be deemed nonconforming uses and said structures shall be deemed to be nonconforming structures, except as otherwise provided by this chapter.

Where no structure is involved, the nonconforming use of land may be continued, provided that:

1. Relocation or Enlargement.

2. Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this Title, except when authorized by approval of a Conditional Use Permit if the approving authority finds that the new location would result in the nonconforming use having less adverse effect on surrounding uses.

3. Such nonconforming use shall not be enlarged or intensified, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this Title.

4. Discontinuation or Replacement. If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of one year or more, or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this Title.

5. Other Nonconforming Use. No nonconforming use of land shall be changed to another nonconforming use.

Nonconforming use of a structure may be continued, provided that:

1. Relocation or Enlargement.

2. Such nonconforming use shall not be enlarged or intensified, nor shall it be extended to occupy a greater area of any structure than occupied by such use at the time of the adoption of this Title, except as authorized in Section 9.15.040.A.3 below.

3. A structure which contains a nonconforming use shall not be placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Title, except when authorized by approval of a Conditional Use Permit if the approving authority finds that the new location would result in the nonconforming use having less adverse effect on surrounding uses.

4. A structure, or portion thereof, which contains a nonconforming use shall not be enlarged, nor shall any external evidence of such use be increased by any means whatsoever, except that when authorized by approval of a building permit, a structure containing a nonconforming use, and such nonconforming use, may be enlarged or extended to an extent not exceeding 25% of the floor area of the structure devoted to such nonconforming use.

5. The enlargement or extension of a structure permitted by this section shall comply with all requirements of the applicable zone, as well as any additional conditions or more restrictive development standards that the approval authority determines are necessary in order to protect adjacent residential development.

6. Discontinuation or Replacement.

7. If such nonconforming use of a structure ceases for any reason for a continuous period of one year or more, except as provided in Section 9.15.040.E (Restoration of Nonconforming Uses in Damaged Structures), or is changed to a conforming use, any future use of such structure shall be in conformity with all provisions of this Title.

8. If the structure in or on which a nonconforming use is conducted or maintained is moved any distance for any reason, except as provided in Section 9.15.040.A.1, then any future use of such structure shall be in conformity with all provisions of this Title**.**

9. Such nonconforming use may be reestablished, repaired, or replaced upon the determination that without reestablishment, repair, or replacement, there are no economically viable uses available to a property owner that are consistent with the then-existing land use designations and regulations.

10. Alteration. Except in the case of relocation as provided for in Section 9.15.040.A (Relocation or Enlargement), such structure containing a nonconforming use shall not be structurally altered or reconstructed, except for such alteration, maintenance and repair work as is required to keep said structure in safe condition, subject to a determination of the Building Official and/or Fire Marshall.

11. Change Only to a Conforming Use. A nonconforming use of a structure may be changed only to a conforming use. Any part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use.

12. Restoration of Nonconforming Uses in Damaged Structures. The nonconforming use of any structure which is destroyed or damaged by fire, explosion or other natural calamity, or the public enemy may be continued upon the reconstruction of said structure, provided that, except as otherwise permitted by Section 9.15.040.A (Relocation or Enlargement) herein, said nonconforming use shall not be enlarged or expanded and the resumption of said nonconforming use takes place within 18 months of the time of its interruption, which period may be extended by the Community Development Director for a maximum of 12 months for good cause.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

In order that nonconforming uses may gradually be brought into greater conformity with this Title and the adverse external effects of such uses may be reduced, upon application to and approval of a Conditional Use Permit, the owner of any land or structure so used may be permitted to make limited changes to such structure or use in conjunction with a plan whereby through the addition of landscaped screening and buffer areas, control of noise, smoke or odors, the improvement of lighting, architectural changes, redesign of parking areas and access drives, or by any other appropriate means, these purposes may be achieved. The approving authority may grant approval or approval with modifications, provided that the approval authority finds that the purposes of this Title would be furthered by such action.

A structure which is conforming in use, but does not conform to the height, yard, building coverage, parking or other development standards of this Title, shall be considered to be a nonconforming structure. Except for such alteration, maintenance and repair work as is required to keep said structure in safe condition, no permit shall be issued nor shall any changes or alterations be made on such structure that will result in the increase of any such nonconformity. Any structure or portion thereof may be altered to reduce its dimensional nonconformity.

1. Reconstruction Must Conform. If any nonconforming structure is damaged by fire, explosion or other natural calamity, or the public enemy to an extent of 50% or greater of the replacement cost of the entire structure as determined by an estimate prepared by a qualified professional acceptable to the Community Development Director after any necessary consultation with the Building Official, it shall not thereafter be repaired, reconstructed or used except in conformity with the provisions of this Title.
2. Reconstruction Requires Approval. The reconstruction of all nonconforming structures shall be subject to Plot Plan approval per Chapter 9.80 and all findings and requirements thereof except as otherwise expressly allowed or modified by this section. The approving authority shall determine the degree to which such nonconforming structures shall be required to conform with the requirements of this Title. The approving authority shall consider the extent of the nonconformity, the value of the original structure, the relationship of neighboring properties, conformity with the General Plan, the proposed reconstruction and any other consideration it deems appropriate.
3. Exception for Multifamily Dwellings. In accordance with Government Code Section 65863.4, the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this subsection shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property.
4. Exception for Single-Family Residential Dwellings. The restoration and reconstruction restriction in this subsection shall not apply to any single-family dwelling or mobile/manufactured home which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this subsection shall not apply to any single-family dwelling or mobile/manufactured home which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

1. A permit may be issued, subject to approval of the permit or approval type otherwise required for the subject use, for the erection of a structure housing a permitted use on any lot which has been made nonconforming with respect to area, depth, width or frontage requirements by the adoption of, or any amendment to, this Title or the Zoning Map, provided that all other district regulations other than minimum lot area, depth, width and frontage are complied with, provided:

2. The lot met the zoning requirements at the time the deed to the lot was recorded or a certificate of compliance has been issued; and

3. A valid conveyance or contract of sale for said lot has been executed and delivered prior to the effective date of the provision of this chapter that made the lot nonconforming; except

4. Where the owner of any such lot also owned adjoining land on said date, such other land, or so much thereof as may be necessary, shall be combined with the original lot to make a single conforming lot if possible; otherwise, a lot that is conforming to the fullest extent possible.

5. The new structure meets all building, fire and safety requirements.

6. In the case of a lot having nonconforming dimensions in a residential zone, the minimum required front and rear yards shall be those of the residential zone in which said lot's depth is consistent with the current requirements as specified in this Title, and the minimum required side yards shall be those of the residential zone in which said lot's width is consistent with the current requirements as specific in this Title.