San Luis Obispo Municipal Code § 17.92.010 Intent

A structure which lawfully existed on the effective date of applicable sections of the ordinance codified in this title, but which does not comply with one or more of the property development standards for the zone in which it is located, is a “nonconforming structure.” This chapter is intended to provide for the correction or removal of such structures as soon as practical, but not unduly encumber maintenance and continued use of otherwise sound structures. (Ord. 1650 § 3 (Exh. B), 2018)

A. A nonconforming structure that is involuntarily damaged to an extent of seventy-five percent or more of its replacement cost immediately prior to such damage, as determined by the chief building official, may be restored only if made to conform.

B. Notwithstanding subsection A of this section, nonconforming residences in the R-1, R-2, R-3, R-4, O, C-N, C-C, C-R, C-T, C-D, and C/OS zones that have been involuntarily damaged to an extent of seventy-five percent or more of their replacement value cost immediately prior to such damage, as determined by the chief building official, may be rebuilt at the same density and up to the same size under the following circumstances:

1. All construction must conform to current building codes, zoning regulations, and design guidelines, except that the previously existing number of dwelling units and size of buildings will be allowed.

2. A building permit for the replacement structure(s) must be obtained within three years of the date of the damage or destruction.

3. Exceptions to the above provisions may be granted by the director for historic structures designated as such in any list or plan element adopted by the city, or for buildings that are over fifty years old where the existing building and any proposed additions or modifications are consistent with the historic preservation guidelines and community design guidelines, as determined by the director.

4. Notwithstanding the above provisions, application for replacement structures of the same density and size may be denied if the director makes one of the following findings:

a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons living or working in the neighborhood.

b. The reconstruction, restoration, or rebuilding will be detrimental or injurious to property and improvements in the neighborhood.

c. There no longer exists a zone in which the existing nonconforming use is permitted.

C. Changes to interior partitions or other nonstructural improvements and repairs may be made to a nonconforming building. However, demolition, as defined in Section 17.158.012 (D definitions), and reconstruction shall be permitted only if the structure is made to conform.

D. The value of additions allowed pursuant to subsections (F)(1) and (F)(2) of this section shall be excluded from calculation of replacement cost of the nonconforming structure.

E. Decisions of the chief building official regarding replacement cost may be appealed to the council.

F. Additions to nonconforming structures that further the intent of this chapter may be permitted through a director’s action, subject to a finding of consistency with the intent of this chapter as follows:

1. Additions conform to current building codes, zoning regulations, and design guidelines, where the addition and associated modifications do not result in demolition of the existing structure, as defined in Section 17.158.012 (D definitions).

2. The director may allow certain setbacks to be reduced to zero in some instances for minor additions to existing legal nonconforming structures (see Section 17.70.170(D)(2)(d)).

G. Additions to nonconforming structures that conform to current building codes, zoning regulations, and design guidelines for the purpose of creating an accessory dwelling unit may be permitted ministerially. (Ord. 1757 § 16, 2026; Ord. 1705 § 54, 2021; Ord. 1657 § 20, 2019; Ord. 1650 § 3 (Exh. B), 2018)

Sections 17.26.030, 17.30.030, 17.32.030, 17.34.030, and 17.36.030 establish limits on the size of large-scale retail commercial buildings. When an otherwise lawful retail establishment existed on the effective date of the size limits, such structure shall be considered a development nonconformity but may be continued, structurally altered, repaired, or reconstructed so long as it is not increased, extended, or enlarged beyond the gross floor area of the building that existed on that date. To the extent practicable, the design guidelines for large-scale retail projects shall be applied to any alteration, reconstruction or repair that takes place after the effective date of the size limits. (Ord. 1650 § 3 (Exh. B), 2018)