Morro Bay Municipal Code Ch. 17.26 Nonconforming Uses, Structures, and Lots (ip)

This chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this title in a manner that does not conflict with the general plan or local coastal program. To that end, this chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the general plan, local coastal program, and public health, safety, and general welfare. In case of any conflict between this chapter and the provisions governing "redevelopment," including on coastal bluffs and beaches for coastal hazards and shoreline armoring purposes, those redevelopment provisions shall apply.

(Ord. No. 662, § 2, 12-13-23)

The provisions of this chapter apply to structures, land, and uses that have become nonconforming by adoption of this title as well as structures, land, and uses that become nonconforming due to subsequent amendments to its text or to the zoning map.

(Ord. No. 662, § 2, 12-13-23)

A. Nonconformities, Generally. Any lawfully established use, structure, or lot that is in existence on the effective date of this title or any subsequent amendment but does not comply with all of the standards and requirements of this title shall be considered nonconforming.

B. Right to Continue. Any use or structure that was lawfully established prior to the effective date of this title or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure; no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter.

1. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership.

2. The right to continue a nonconforming use or structure shall not apply to uses or structures deemed to be a public nuisance because of health or safety conditions.

3. The right to continue a nonconforming use or structure shall not apply if the nonconforming use has been abandoned or vacated as described in Section 17.26.070, Abandonment of Nonconforming Uses.

C. Removal of Nonconforming Structures Valued Under Two Thousand Five Hundred. Any structure which does not conform to the regulations of the district in which it is located and which has an assessed valuation of two thousand five hundred or less at the time it became nonconforming, shall be removed, or altered or reconstructed to be structurally conforming, within five years from the time the structure became nonconforming. The building inspector shall cause notice to be given to the owners of any such structure at least one year prior to the time removal or alteration is required, and removal or alteration is not required to be completed until such one-year period has lapsed.

(Ord. No. 662, § 2, 12-13-23)

Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this section unless deemed by the building official to be a public nuisance because of health or safety conditions.

A. Maintenance and Repairs. Nonstructural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height or roof pitch.

B. Structural Repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of building walls, columns, beams, or girders repairs may be permitted only when the building division determines that such modification or repair is immediately necessary to protect public health and safety, occupants of the nonconforming structure, or occupants of adjacent property, and when the cost of such work does not exceed fifty percent of the appraised value of the nonconforming structure.

C. Alterations and Additions. Alterations and additions to nonconforming structures are allowed if the alteration or addition complies with all applicable laws and requirements of this title, the use of the property is conforming, and there is no increase in the discrepancy between existing conditions and the requirements of this title (i.e. there is no increase in the nonconformity), except as provided below.

1. Nonconforming Setbacks, Residential Districts. In residential districts, a nonconforming interior side or rear yard may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that:

a. All new development is located a minimum of three feet from the property line.

b. A new encroachment into any other required yard is not created;

c. The height of the portion of the structure that is within the required setback is not increased; and

d. Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.

D. Nonconforming Signs. Lawfully established signs that do not conform to the requirements of this title may only be maintained in compliance with the requirements of Chapter 17.29, Signs.

(Ord. No. 662, § 2, 12-13-23)

A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions.

A. Restoration When Damage is Fifty Percent or Less of Value. If the cost of repair or reconstruction is less than or equal to fifty percent of its replacement cost immediately prior to such damage, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed.

B. Restoration When Damage Exceeds Fifty Percent of Value. If the cost of repair or reconstruction exceeds fifty percent of its replacement cost immediately prior to such damage, the land and building shall be subject to all of the requirements of this title, except as provided below.

1. Non-residential Uses and Structures. Any nonconforming use must permanently cease. The structure may be restored and used only in compliance with the requirements of this title.

2. Residential Uses and Structures.

a. Residential Uses, Three Units or Less. Nonconforming residential use of three or less units may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed provided the rebuilt development complies with all current design and property development standards.

i. Timing. Building permits must be obtained within one year of the date of the damage or destruction and construction shall be diligently pursued to completion unless another time period is specified through conditional use permit approval.

b. Other Residential Uses. Any nonconforming use must permanently cease. The structure may be restored and used only in compliance with the requirements of this title.

(Ord. No. 662, § 2, 12-13-23)

Nonconforming uses shall not be expanded, moved, or changed except as provided below.

A. Expansion. Nonconforming uses may only be expanded with planning commission approval where the planning commission makes the following findings.

1. Required Findings.

a. The nonconforming use was legally established;

b. The proposed expansion of the nonconforming use would not be detrimental to public health, safety, or general welfare; and

c. With the exception of the nonconforming use, the proposed expansion would not be inconsistent with the general plan and land use plan and would not preclude or interfere with implementation of any applicable city specific plan.

2. Conditions. When making its decision on an application for an expansion of a nonconforming use, the planning commission may establish conditions that are necessary to accomplish the purposes of this chapter, including, but not limited to:

a. Required improvement of, or modifications to existing improvements on, the property;

b. Limitations on hours of operations;

c. Limitations on the nature of operations; and

d. A specified term of years for which the expanded nonconforming use shall be allowed.

B. Change in Tenancy, Ownership, or Management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use, as defined in Chapter 17.53, Use Classifications.

C. Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the district in which it is located and complies with all applicable standards for such use.

D. Absence of Permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.

E. Substitution of a Nonconforming Use with Another Nonconforming Use. The planning commission may allow substitution of a nonconforming use with another nonconforming use, subject to approval of a conditional use permit. In addition to any other findings required by this title, the planning commission must find that the proposed new use will be no less compatible with the purposes of the district and surrounding uses that comply with the requirements of this title than the nonconforming use it replaces.

1. Amortization of Substituted Nonconforming Use. In granting a conditional use permit to allow a nonconforming use to be replaced with another nonconforming use, the planning commission may establish an amortization schedule for the nonconforming use by setting a date after which the nonconforming use must be discontinued or replaced with a conforming use.

(Ord. No. 662, § 2, 12-13-23)

No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of six months. The six-month period shall commence when the use ceases and any one of the following occurs:

A. The site is vacated;

B. The business license lapses;

C. Utilities are terminated; or

D. The lease is terminated.

(Ord. No. 662, § 2, 12-13-23)