Pismo Beach Municipal Code Ch. 17.52 Nonconforming Uses, Structures and Parcels

This chapter establishes uniform provisions for the regulation of nonconforming land uses, structures, and parcels. Within the zoning districts established by this Zoning Code, there exist land uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the terms of this Zoning Code or future amendments. It is the intent of this Zoning Code to discourage the long-term continuance of these nonconformities, but to permit them to exist under limited conditions.

Nonconformities may be continued subject to the following provisions, except as otherwise provided by 17.52.030 (Loss of Nonconforming Status).

A. Nonconforming Uses of Land. A nonconforming use of land, or within a structure, may be continued, transferred, or sold, provided that:

1. The use shall not be enlarged, increased, or extended to occupy a greater floor area or portion of the site than it lawfully occupied before becoming a nonconforming use, except as otherwise provided by subsection C, below; and

2. Additional uses on the site shall not be allowed unless the nonconforming use is first discontinued, and any replacement use complies with all applicable provisions of this Zoning Code.

B. Nonconforming Structures. A nonconforming structure may continue to be used as follows.

1. Changes to Structure. The enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed with conditional use permit approval if:

a. The additions or improvements conform to all other applicable provisions of this Zoning Code;

b. The exterior limits of new construction do not exceed the applicable height limit or encroach any further into the setbacks than the comparable portions of the existing structure;

c. Changes involving the replacement/reconstruction do not include the replacement of more than fifty percent of the original floor area, or more than fifty percent of the total length of all exterior walls of the original structure; and

d. The enlargement of the structure will not accommodate the expansion or enlargement of a nonconforming use of land.

2. Maintenance and Repair. A nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made (exception: see subsection (B)(3), following), and the work does not exceed fifty percent of the appraised value of the structure determined by a qualified appraiser in any one year period, unless the commission allows more extensive work through conditional use permit approval after finding that the additional work will not prolong the duration of the nonconforming use.

3. Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

a. Unreinforced Masonry Structures. Reconstruction required to reinforce unreinforced masonry structures shall be permitted without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards; and

b. Building Code Requirements. Reconstruction required to comply with building code requirements shall be allowed without cost limitations, provided the retrofitting/code compliance is limited exclusively to compliance with earthquake safety standards, as identified in subsection (B)(3)(a), above and other applicable building code requirements, including State law (e.g., Title 24, California Code of Regulations, etc.).

C. Nonconforming Use of a Conforming Structure. The nonconforming use of a structure that otherwise conforms with all applicable provisions of this Zoning Code may be continued, transferred, and sold, as follows:

1. Expansion of Use. The nonconforming use of a portion of a structure may be extended throughout the structure with conditional use permit approval.

2. Substitution of Use. The nonconforming use of a conforming structure may be changed to another nonconforming use of the same or less intensive/more restricted nature, with conditional use permit approval. However, the replacement use shall serve as the "new bench mark" in terms of establishing the acceptable level of noncompliance.

D. Destroyed Structures. A nonconforming structure that has been verified by the director to have been involuntarily damaged or destroyed by fire or calamity may be reconstructed and reused only as follows.

1. Nonresidential Structures. A nonconforming structure that has been damaged or destroyed to the extent of less than fifty percent of its appraised value as determined by a qualified appraiser, may be reconstructed and reused provided that the reconstruction and reuse:

a. Is in compliance with the applicable provisions of the zoning district in which it is located;

b. Shall occur within one year after the date of the damage/destruction; and

c. Has no greater floor area than the one damaged/destroyed.

A nonconforming structure that is damaged or destroyed to fifty percent or more of its appraised value shall only be reconstructed in compliance with all applicable provisions of this Zoning Code.

2. Multi-Family Structures. A nonconforming multi-family structure may be reconstructed and reused after damage or destruction, up to its predamage size and number of dwelling units, in compliance with Government Code Section 65852.25.

3. Single-Family Dwellings. A single-family dwelling may be rebuilt on its original foundation, to its original footprint, by only the owner-occupant at the time of destruction, within a period of one year from the time of destruction, regardless of the extent/percentage of destruction.

4. Construction Code Compliance Required. All reconstruction after damage or destruction shall comply with current city building, electrical, mechanical, and plumbing codes, and all other applicable construction regulations.

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of one year, it shall be presumed that the use has been abandoned. Without further action by the city, further use of the site or structure shall comply with all the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.

Requirements for nonconforming signs are provided by Section 17.36.120 (Nonconforming Signs).

A. Determination of Nonconforming Status. A nonconforming parcel of record that was created in compliance with the Map Act but does not comply with the access, area, or width requirements of this Zoning Code for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following.

1. Approved Subdivision. The parcel was created through a subdivision approved by the city or the County of San Luis Obispo.

2. Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record, and was created at a time when the Map Act allowed the creation of a parcel by a recorded deed, before the effective date of the zoning amendment that made the parcel nonconforming.

3. Lot Line Adjustment. The parcel resulted from a lot line adjustment.

4. Partial Government Acquisition. The parcel was created in conformity with the provisions of this Zoning Code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size was decreased not more than twenty percent and the yard facing any road was decreased not more than fifty percent.

B. Limitations on Use of Nonconforming Parcels. Nonconforming parcels shall be developed and used only as follows.

1. Site Plan and Architectural Review Required. Site plan and architectural review (Section 17.42.030) shall be required for any development proposed on nonconforming parcels.

2. Use of Contiguous Parcels. Until such time as contiguous nonconforming parcels are merged, no structure shall be constructed on any nonconforming contiguously owned, residentially-zoned parcels that are less than thirty feet wide, or less than five thousand square feet in area, or on slopes more than twenty percent, if the current owner(s) acquired or were transferred the parcels after October 12, 1976.

3. Further Subdivision Prohibited. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Zoning Code, or in any way that makes the use of the parcel more nonconforming.