§ 94.05

"Nonconforming building" means a structure or portion thereof lawfully existing at one time, but which does not conform to the zone in which it is located due to late adopted height, area or dimension regulations.

"Nonconforming lot" means a parcel of land having less area, frontage or dimensions than required in the zone in which it is located.

"Nonconforming use" means a use lawful when established but which does not conform to subsequently established zoning or zoning regulations. (Ord. 1294, 1988)

• A. Property in the city of Palm Springs shall not be used for any purposes except those permitted in the land use district (zone) to which the property has been classified in accordance with the Zoning Code.

• B. This chapter is established to maintain the orderly development of the city of Palm Springs and to protect the general welfare of persons and property from nonconforming lots, buildings and uses. In conformance with good planning and zoning practices, it is the policy of the city to abate nonconformities as soon as economically feasible and equitable to do so except as noted below.

• (Ord. 1294, 1988)

• A. All uses permitted in the land use district (zone) shall be permitted on nonconforming lots in the district, subject to all other provisions of the zone district.

• B. Any building or structure on a lot that is nonconforming due only to the minimum lot area requirements of this Zoning Code, may be enlarged, extended, reconstructed, substituted or structurally altered; provided, the owner of such lot or parcel of land does not own, and for five years prior to application for permit, has not owned any contiguous property which, when added to the nonconforming lots would meet the minimum lot area requirements of this Zoning Code or would lessen the nonconformity.

• C. When two or more contiguous nonconforming parcels or units of land which have been created prior to the adoption of the ordinance which makes them nonconforming are held by the same owner, and at least one of such contiguous parcels is not developed with a structure for which a permit has been issued by the city, then such parcels shall be merged pursuant to provisions of the subdivision ordinance.

• D. A notice of merger shall be filed by the city and processed in accordance with the requirements of the subdivision ordinance.

• (Ord. 1294, 1988)

• A. Nonconforming buildings which do not conform to the building height, yards, setbacks, floor area ratio and minimum size of dwelling unit standards for the zone in which they are located shall be permitted to continue; provided that, any addition, alteration or enlargement thereto shall comply with all provisions of the zone.

• B. The alteration of buildings in established setback areas shall not be permitted without the prior approval of the planning commission.

• C. When any such nonconforming building is for any reason removed from the land, all future buildings or structures erected on such land shall conform to the provisions of the zone.

• D. Industrial and commercial type buildings located in a residential land use district (zone) shall be considered nonconforming.

• E. Nonconforming buildings and structures not otherwise provided for in this Zoning Code shall not be caused to be abated earlier than the period established in this section, measured from the date it became nonconforming and may be continued in accordance with Section 94.05.07(A).

• F. Building types of construction shall be as defined in the most recent edition of the Uniform Building Code as adopted for reference by the city and shall be subject to the following amortization schedule:

• G. Type IV and V Structure (One-hour Construction).

  1. Flats, apartments and double bungalows, 30 years;

  2. Other dwellings 35 years;

  3. Stores and factories, 25 years.

• H. Type II and III Structures (One-hour Fire-resistive Construction):

  1. Apartments, offices, hotels, residence, stores below; apartments above, 40 years;

  2. Stores below; hotel or offices above, 40 years;

  3. Warehouses, stores, garages, lofts, 40 years;

  4. Factories and industrial, 50 years.

• I. Type I Structures (Fire-resistive):

  1. Apartments and residences, 50 years.

  2. Office and hotels, 55 years;

  3. Theaters, 60 years;

4. Industrial, 40 years.

• J. When such nonconforming building or structure is removed from the land, at or before the end of the amortization period, every future building and use shall be in conformity with the provision of this Zoning Code.

• K. Where more than one type of construction has been utilized on a parcel of land and such buildings are used as a part of the business operation conducted on the property, the longest period of time permitted for amortization of any such building shall apply to all such buildings.

• L. A nonconforming building or structure shall not be moved in whole or in part to any other location on the same parcel unless such building or structure which is moved is made to conform to the regulations of the land use district (zone) in which it is located.

• M. Structures under construction undergoing work stoppage for longer than 180 days shall be considered unsafe and nonconforming and subject to abatement.

• N. Repairs and alterations may be made to a damaged nonconforming structure, or a damaged building or structure with a nonconforming use; provided that, no structural alteration shall be made if the expense of such restoration exceeds 50% of the replacement cost of the building or structure at the time such damage occurred.

• O. Any nonconforming building or structure partially destroyed, not exceeding 50% of the replacement cost of the building or structure, may be restored; provided, restoration is started within 90 days of the date of partial destruction and diligently prosecuted to completion.

• P. Whenever a nonconforming building or structure is damaged in excess of 50% of its replacement cost at the time of damage, the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located and it shall be treated as a new building or structure.

• Q. Disputes as to the interpretation of the provisions of this section shall be heard and resolved by the planning commission; subject to appeal to the city council.

• (Ord. 1294, 1988)

Notwithstanding the other provisions of this Zoning Code nonconforming uses, except nonconforming signs which are regulated by the sign ordinance, may be continued subject to the following conditions:

• A. Each nonconforming use shall be continuous and any interruption of such use for 180 days shall cause the use to lapse and such use shall not be reinstated or further continued unless specifically permitted by the planning commission after a hearing in accordance with Section 94.05.06.

• B. Any building, structure or facility used for such nonconforming use shall not be added to, expanded or structurally altered or enlarged in any manner, except as required by other provisions of this Zoning Code or; in order to bring the building and its use into conformity or; to restore to a safe condition any part of any building or structure declared unsafe by proper city authority.

• C. A nonconforming use occupying a conforming building or portion thereof shall not be enlarged or extended into any other portion of such building or land area by displacing a conforming use or into premises not actually so occupied.

• D. Nonconforming off-street parking and loading facilities are regulated by Section 93.06.00(B)(3).

• E. Nothing herein shall be construed to preclude normal maintenance and repairs except as provided within this chapter.

• F. Any nonconforming use which does not conform to these conditions shall be subject to abatement.

• (Ord. 1294, 1988)

• A. A nonconforming use of unimproved land with only incidental accessory structures such as fences, may be continued for a period not to exceed one year after notification to the property owner of the nonconformity of such use by procedure established and stated in this chapter.

• B. Such nonconforming use of unimproved land shall not in any way be expanded or extended either on the same or adjoining property.

• C. If such nonconforming use of unimproved land is discontinued, changed or altered for a period of six months or more, the future use of the land shall conform with the provision of this Zoning Code.

• (Ord. 1294, 1988)

• A. Any use which is nonconforming as provided in this chapter, shall be removed or converted and the premises thereafter shall be devoted to uses consistent with the zoning of the property, within 10 years from the date such use became nonconforming unless extended as provided in Section 94.05.07, or unless a conditional use permit has been obtained as provided in Section 94.05.08.

• B. Any use which does not comply with this section shall be deemed a public nuisance and shall be abated accordingly unless an exception shall be granted by the planning commission or city council.

• C. Nothing contained in this Zoning Code shall be construed to require abatement of a lawful structure enclosing a nonconforming use which can be relocated as provided in this Zoning Code.

• D. Any portion of a nonconforming building, structure or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.

• (Ord. 1294, 1988; Ord. 1634 § 1, 2003)

• A. Upon determination that the provisions of this chapter apply to a given parcel of land, the Director, or their designee shall send a notice thereof by certified mail to the owner thereof as shown on the last equalized assessment roll and shall cause such notice to be published at least once in a newspaper of general circulation.

• B. The notice provided for in this section shall state that the property in question is a nonconforming use, shall state the date of abatement established in Section 94.05.03(E), shall state that a hearing will be held before the planning commission, and shall state the date of such hearing.

• (Ord. 1294, 1988; Ord. 2031 § 81, 2020)

• A. Within 60 days after the issuance of the notice prescribed in Section 94.05.05, the planning commission shall hold a hearing to determine whether the nonconforming use should be abated or whether a time extension should be granted as provided in Section 94.05.07.

• B. The planning commission shall receive written and oral testimony at such hearing in regard to abatement.

• C. At the close of the hearing, the planning commission shall find and determine whether the nonconforming use should be abated and all facts in support thereof, whether the owner of the property can amortize his investment in the term of abatement provided herein and if not, what term of abatement should be provided.

• D. The decision of the planning commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by certified mail within 10 days after the decision is rendered.

• E. The decision of the planning commission is final unless appealed to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

• (Ord. 1294, 1988)

• A. The planning commission may grant an extension of time for abatement of nonconforming uses or structures where it finds that an unreasonable hardship would otherwise be imposed on the property owner. The planning commission shall consider the following factors, among other, in determining whether to grant an extension of time and the length of the term:

  1. The nature of the use;

  2. The amount of the owner's investment in improvements;

  3. The convertibility of improvements to permitted uses;

  4. The character of the neighborhood;

  5. The detriment, if any, caused to the neighborhood by continuance of the nonconforming use or structures;

  6. The amount of time required to amortize the investment.

• B. The planning commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including but not limited to, the depreciation schedule attached to the owner's latest federal income tax return if the owner wished to make the same available.

• C. Where the planning commission finds that a structure occupied by a nonconforming use, either in its present condition or as modified, can be used for a use permitted in the land use district (zone) in question, the nonconforming use may be granted an extension sufficient to permit it to relocate at a site wherein such use is permitted and which has substantially equivalent utility for the use. In no event shall such extension be more than two years.

• D. An extension of time may be granted to permit the relocation of a nonconforming building in the manner provided in this Zoning Code for nonconforming uses per Section 94.05.06.

• (Ord. 1294, 1988)

• A. Those multi-family structure and uses and a transient type use (hotel) which became nonconforming in 1973 or 1995 due to Ordinance No. 951 and 1513 respectively, maybe permitted to continue indefinitely when a conditional use permit is approved pursuant to the requirements of this section, and of Section 94.02.00 (CUPS) and the use shall thereafter be considered a permitted use so long as the use is in compliance with the conditional use. The conditional use may be approved if the following conditions are adequately met:

  1. The extension of the use shall assist the preservation of decent and habitable transient and permanent rental stock;

  2. The extension of the use will not adversely affect current and future city services;

  3. The extension of the use complies to the greatest extent possible with General Plan, and accomplishes important General Plan Policies;

  4. The use, as conditioned, reasonably complies with zoning and existing uniform building and fire codes.

  5. The project is developed, landscaped, and maintained in a manner to be harmonious with surrounding property and positively contributes to neighborhood values;

  6. The project has adequate traffic circulation and parking;

  7. The applicant's have implemented adequate methods to assure the future and continuity of management and property maintenance of the project;

  8. The applicant has implemented satisfactory measures to provide property security and tenant activity to minimize criminal activity as demonstrated by police activity reports;

  9. All conditions of Section 94.05.04 shall be met; and

  10. Any other factors deemed relevant and any other information which the commissioner or the applicant considers necessary or desirable to and appropriate an proper consideration of the application.

• B. The conditional use permit shall provide appropriate provisions for periodic review, or review by complaint, and can be revoked for failure to continuously meet the conditions of approval.

• C. The planning commission after holding a public hearing pursuant to Section 94.09.00 and based upon a review of the entire record, may approve a conditional use permit which imposes conditions pursuant to Section 94.02.00. The decision of the planning commission is final unless appealed to the city council in a manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

• (Ord. 1634 § 2, 2003)

Reversion of current hotel/motel use back to apartment use if building was originally constructed and used as an apartment, subject to special density limits, by conditional use permit.

• A. Any structure which is lawfully being used as a hotel, motel or other form of transient lodging, but which was originally constructed as and used as an apartment, apartment hotel, or similar use, as determined by city building permits and other public records, may revert the current

hotel, motel or transient lodging use back to an apartment use, provided a conditional use permit is obtained.

• B. Notwithstanding any other provision of this Code imposing a lower residential density limit, if a conditional use permit is obtained, the multi-family structure may operate the same number of apartment units as the number of apartment units originally approved for development on the site, subject to the findings and conditions set forth herein. Should the apartment use result in a deficiency of off-street parking spaces, relief from the minimum off-street parking requirement per PSZC Section 93.06.00 may be approved via a Specific Parking Plan as prescribed in PSZC Section 94.02.01(C)(2)(d). Additionally, Class 1 and Class 2 historic properties shall be exempt from the off-street parking requirement in accordance with PSZC Section 93.06.00(B)(3) (e).

• C. In addition to those findings required by Section 94.02.00, the conditional use permit may be approved if the following findings are met:

  1. The resulting apartment use will assist the preservation of decent and habitable permanent rental stock;

  2. The resulting apartment use will not adversely affect current and future city services;

  3. The resulting apartment use, as conditioned, ensures that life safety measures and emergency services are adequately addressed and provided (i.e., evacuation protocol, fire safety);

  4. The resulting apartment use is developed, landscaped, and maintained in a manner to be harmonious with surrounding property and conforms to the property maintenance standards of PSZC Section 93.19.00;

  5. The resulting apartment use, as conditioned and pursuant to other required approvals, does not create adverse impacts on traffic or circulation;

  6. The applicant has implemented adequate methods to assure the continuity of management and property maintenance of the resulting apartment use; and

  7. The applicant has implemented satisfactory measures to provide property security to minimize criminal activity as demonstrated by police activity reports.

• D. The conditional use permit shall provide appropriate provisions for periodic review, or review by complaint, and can be revoked for failure to continuously meet the conditions of approval.

• E. The planning commission, after holding a public hearing pursuant to Section 94.09.00 and based upon a review of the entire record, may approve a conditional use permit which imposes conditions pursuant to Section 94.02.00. The decision of the planning commission is final unless appealed to the city council in a manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

• (Ord. 2074, 1/12/2023)

Any nonconforming use continuing beyond the date for abatement set by the planning commission or city council shall be considered a public nuisance and subject to immediate abatement unless a time extension has been granted pursuant to Sections 94.05.07 and 94.05.08. (Ord. 1634 § 3, 2003)

The nonconforming uses and buildings which exist pursuant to special permission under this Zoning Code or any previous ordinance, shall be permitted to continue under the conditions and regulations imposed in such permit, administrative approval or variance. (Ord. 1294, 1988; Ord. 1634 § 4, 2003)