Paso Robles Municipal Code Ch. 21.76 Nonconforming Structures

Legally nonconforming buildings and structures may continue to be used and maintained subject to the following limitations:

A. General. Additions or alterations are allowed unless such additions or alterations would increase the deviation between the existing nonconforming situation and the code requirement or would create a new nonconforming situation.

B. Alterations. Additions or alterations that extend a nonconforming setback or structure height are allowed only upon approval of a site plan modification. In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)) as well as find that that such extension does not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood.

C. Force Majeure. If any legally nonconforming building or structure is damaged by fire, earthquake, explosion, or other force majeure to an extent of more than seventy-five percent of the gross floor area of the structure(s), as determined by the building official, such building or structure shall only be rebuilt to conform to the present code requirements. However, any property owner seeking to rebuild any such building or structure to the condition existing prior to occurrence of a fire, earthquake, explosion, or other force majeure shall apply for a development plan modification pursuant to the provisions of Section 21.16.020 (Development Plan Modifications). In addition to the required findings for approval of a development plan modification, findings shall also be made that restoring the building or structure to the previous state of nonconformity would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the general plan would be advanced by such restoration.

D. Purposeful Destruction. If any legally nonconforming building or structure is damaged by a purposeful act of destruction to an extent of more than fifty percent of the gross floor area of the structure(s), as determined by the building official, such damaged portions of the building or structure shall only be rebuilt to conform to the present code requirements. Full restoration may be made to the previous state of nonconformity subject to approval of a development plan modification (Section 21.16.020). In addition to the required findings for approval of a development plan modification, findings shall also be made that restoration would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the general plan would be advanced by such restoration.

E. Lot Line Adjustments. If the legally nonconforming buildings or structures do not meet the zoning district requirements for setbacks, including situations in which buildings or structures are located across property lines, and the owner of the nonconforming buildings or structures and the owner of the adjacent property seek to reduce the nonconforming situation via the filing of a lot line adjustment application, and if it can be demonstrated that the lot line adjustment does not increase the deviation between the existing nonconforming situation and the code requirement or create a new nonconforming situation, then, subject to approval of a conditional use permit, including any conditions deemed necessary to protect the public health, safety, and welfare, the planning commission may approve such a lot line adjustment.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Notwithstanding the provisions of Section 21.76.010(C), any multi-family residential development that is nonconforming with regard to maximum allowed density and is damaged to any extent by fire, earthquake, explosion, or other act not attributed to a purposeful act of destruction may be rebuilt to include the same number of units that existed prior to the occurrence of such destructive act.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Nothing contained in this title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has properly been issued in accordance with the provisions of ordinances then effective and upon which actual construction has been started, provided that in all such cases actual construction shall be diligently carried on until completion of the building in accordance with approved plans.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)