Chapter 19.24 — NONCONFORMING USES, STRUCTURES AND PARCELS

The purpose of the provisions of this chapter is to regulate nonconforming uses, structures and parcels, and to establish conditions under which nonconforming uses, structures and parcels, may be expanded, structurally altered or developed. (Ord. 5428 § 1, 2014)

• A. Applicability. These regulations shall apply to all nonconforming uses, structures and parcels lawfully constructed or created in compliance with this Code and State law, or if within the Atlantic Street Corridor, Douglas-Harding Corridor, or Douglas-Sunrise Corridor Specific Plans, shall be regulated pursuant to Section 19.33.040 .

• B. Nonconforming Use. A nonconforming use may be continued, provided that no such use shall be enlarged or increased, nor extended to occupy a greater area than that which it lawfully occupied before becoming a nonconforming use except as otherwise allowed in this chapter or as follows:

  1. Residential Use in a Commercial, Industrial or PD Zone. The nonconforming use of a residential building in a nonresidential district may continue to be used as a residence subject to the residential zone development standards requirements of Section 19.10.030(A) (R1 district), until such time as the building is condemned, removed, or converted.

  2. Nonresidential Use in a Residential Zone. No expansion or modification of a nonresidential use in a residential zone shall be permitted.

  3. Expansion of a Nonconforming Use in a Commercial, Industrial or PD Zone. A nonconforming use, except for a residential use, in a commercial, industrial or PD zone may be expanded or modified provided that a Conditional Use Permit is first secured.

  4. Substitution of Nonconforming Use. Except as otherwise prohibited in subsection (C)(2), a nonconforming use may be substituted with a different nonconforming use provided it has the same, or a less intensive, use classification, only upon approval of a Conditional Use Permit. Such a new nonconforming use shall occupy the same area that is occupied by the existing nonconforming use.

• C. Nonconforming Structure. A nonconforming structure may be used and maintained except as otherwise specified in this chapter or as follows:

1. Residential Buildings.

  - a. Enlargement, extension, reconstruction, or structural alteration of a building designed as a dwelling, that is nonconforming only as to height and setback regulations is permitted if such additions or improvements conform to all other applicable provisions of this title, and the new construction does not expand the nonconformity. 

  - b. Enlargement, extension, reconstruction, or structural alteration of a building designed as a dwelling in a nonresidential district is permitted if such additions or improvements conform to all provisions of the district and the new construction does not expand the nonconformity. 

2. Nonresidential Buildings. Enlargement, extension, reconstruction, or structural alteration of a building designed for nonresidential purposes that is nonconforming only as to height and setback regulations is permitted if such additions or improvements conform to all other applicable provisions of this title and the new construction does not expand the nonconformity.

• a. Enlargement, extension, reconstruction, or structural alteration of a building designed for nonresidential purposes in a residential zone is not permitted.

• D. Nonconforming Off-Street Parking. Reconstruction or structural alteration of a building with nonconforming parking or loading facilities, is permitted provided there is no expansion of use requiring additional parking as required by Section 19.26.030 . The existing nonconforming parking and loading for the building may remain unchanged.

• E. Damaged and Destroyed Nonconforming Buildings.

  1. Damaged Building. A nonconforming building which is damaged by fire or calamity destroying 50 percent or less of its value, as determined by the chief building inspector, may be reconstructed, provided the structure shall not increase the degree of nonconformity.

  2. Destroyed Building.

     • a. Building with a Nonconforming Use. The reconstruction of a building which is damaged by fire or calamity in excess of 50 percent of its value, as determined by the chief building inspector, which at the time was devoted to a nonconforming use, may be reconstructed only upon approval of a Conditional Use Permit. The nonconforming use shall not occupy a larger area of the reconstructed building than was occupied prior to its destruction. The reconstruction of the building shall be completed within 12 months of the date of damage or within the time frame specified in the Conditional Use Permit. No portion of the building as reconstructed, shall be located within the floodway overlay zone.

     • b. Nonconforming Building. The reconstruction of a building which is damaged by fire or calamity in excess of 50 percent of its value, as determined by the chief building

inspector, which at the time was a nonconforming building, may be reconstructed only upon approval of a variance. The nonconforming building may be enlarged provided that any enlargement does not increase the nonconformity. The reconstruction of the building shall occur within 12 months after the date of damage. No portion of the building as reconstructed, shall be located within the floodway overlay zone.

• F. Loss of Nonconforming Status. Except as provided in subsection (B)(1) of this section or where a shorter time period is specified by this title, a nonconforming use of a parcel or a nonconforming use of a conforming building which is discontinued for a period of six months shall be deemed abandoned. Without further action by the City, further use of the parcel or structure shall comply with all the regulations of the zone district in which the parcel or structure is located, and all other applicable provisions of this title.

• (Ord. 5428 § 1, 2014; Ord. 6603 § 2, 2023)

A parcel that does not comply with the minimum requirement of this title for the zone district in which it is located, may be used as a building site if it complies with either of the criteria specified below. It shall be the responsibility of the applicant to produce sufficient evidence to establish one of the following:

• A. Approved Subdivision. The parcel was created as part of a subdivision approved by the subdivision committee, Planning Commission or City Council pursuant to a duly adopted ordinance of the City of Roseville and in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.).

• B. Approved Certificate or Conditional Certificate of Compliance. The parcel has been issued a certificate or conditional certificate of compliance pursuant to Chapter 18.14 of the Roseville Municipal Code.

• (Ord. 5428 § 1, 2014)