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Title 19 — Development Code›Chapter 19.80 — Noise Control

§ 19.142

Twentynine Palms Zoning Code · 2026-06 edition · updated 2026-07-25 · Twentynine Palms

19.142.010 - Purpose

This Chapter is intended to limit the number and extent of legally established, nonconforming buildings, uses and lots by regulating the enlargement, reestablishment after abandonment, alteration, restoration after destruction, or relocation in a manner that would increase the degree of nonconformity.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

19.142.020 - Applicability

The regulations in this Chapter shall apply to all existing, legally established, nonconforming buildings, uses and lots, i.e., buildings or uses that were legally established but that do not comply with current codes because of code changes that have occurred.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

19.142.030 - General Provisions

A.

Nothing contained in this Section shall be construed or implied so as to allow for the continuation of an illegal nonconforming structure and/or use.

B.

Nothing contained in this Section shall be construed or implied to relieve a property owner from his/her responsibility to conform to the requirements of the Americans with Disabilities Act; but further nothing in this Section shall identify a structure or use as a nonconforming structure or use solely for the failure to conform to the requirements of the act.

C.

Any alteration required by governmental or court action shall be exempt from these requirements.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

19.142.040 - Nonconforming Buildings

A.

Any legally established, nonconforming building may be continued and maintained, provided there are no structural or use alterations, except as otherwise allowed by this Code.

B.

Notwithstanding the provisions regarding Conditional Use Permit or Variance, the Director 1 may allow the construction of an additional modification to a legally existing structure within a current yard setback area, as established by an applicable residential land use district, when such legally existing building is within the yard setback area, and provided such additional modification does not exceed the projection of the existing structure into such current yard setback area and does not come closer than 3 feet to any property line.

C.

A legally established nonconforming structure that has historic significance to the City as established under the provisions of this Code may be reused for its original intended use regardless of the land use designation of the property wherein it lies if a Historic Resource Evaluation Report has been prepared that confirms the historic significance of the structure, subject to the Planning Commission's acceptance of the report and determination that the reuse is compatible with surrounding land uses.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

19.142.050 - Nonconforming Uses

A.

Any nonconforming use may be continued, provided that the use shall not be increased, enlarged, extended or altered, except as otherwise allowed by this Code.

B.

Any part of a building or land occupied by a legally established, nonconforming use which is changed to or replaced by a use conforming to the provisions of this Development Code as they apply to the particular land use district shall thereafter be used or occupied only by a conforming use.

C.

Any land use that is not listed as a permitted use in the current Land Use Tables for the underlying land use district, and which use shall cease for a period of 12 consecutive months or more, shall thereafter be used or occupied only by a use listed as a permitted use in the current Land Use Tables of the underlying land use district. This period of time may be extended by the Planning Commission by up to two additional 12month increments upon review and approval of a no fee review, wherein it is demonstrated to the satisfaction of the Planning Commission that the failure to reestablish the same or similar legally established nonconforming use or reoccupy the legally established nonconforming structure was due to circumstances beyond the control of the property owner and such extension would be in the best interests of the community.

D.

Proof of use or occupancy may include business receipts, rent or lease receipts, utility bills in the name of the legally established nonconforming use, City Business License receipt,, and other materials to be determined by the Planning Commission.

E.

A nonconforming, non-residential use may be altered after review and approval of a Conditional Use Permit with the additional finding that the alteration of the nonconforming use will not result in a floor area expansion of more than 25 percent and that such enlargement or intensification will not adversely affect surrounding properties or uses.

F.

Restrictions and conditions affecting a nonconforming use shall apply to the existing use, land and structures and shall not be affected by ownership changes.

G.

The requirement for a Conditional Use Permit shall not apply to nonconforming residential uses, provided the following are also met:

1.

The uses are being expanded or modified by no more than 1,000 square feet or 25 percent, whichever is less, of the floor space or ground area existing at the time such use became a nonconforming use, and

2.

The expansion or modification meets all other Code requirements.

H.

The requirement for a Conditional Use Permit shall not apply to any nonconforming use or structure which is being expanded, altered or modified to approximate or exceed the standards of this Development Code with which it does not currently conform.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

19.142.060 - Nonconforming Lots

A.

Any lawfully created lot which becomes nonconforming with regard to lot area, street frontage, lot width, lot depth or accessibility may continue indefinitely with such nonconformity and may be developed in conformance with the development standards of the underlying zoning district and use as if it were a conforming lot.

B.

Legal nonconforming lots may not be modified in any manner that increases the degree of nonconformity. Where feasible, parcel modifications, through lot merger or lot line adjustment, are encouraged to eliminate or minimize the degree of nonconformity.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

19.142.070 - Restoration of a Damaged Building

A.

Whenever a legally established nonconforming building or use, is destroyed by fire or other act or calamity, the building may be restored and the nonconforming use may be resumed, provided that restoration is started within six months and diligently pursued to completion. When the building is voluntarily razed or is required by law to be razed, the building shall not be restored except in full conformity with the regulations for the land use district in which it is located, and the nonconforming use shall not be resumed.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

Chapter 19.144 - Administrative Citations

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▸ Contents — Twentynine Palms Zoning Code
Twentynine Palms Zoning Code
  1. ▸ Title 19 — Development Code
    Overview
    1. § 19.02
    2. § 19.020
    3. § 19.04
    4. § 19.06
    5. § 19.08
    6. § 19.10
    7. § 19.12
    8. § 19.14
    9. § 19.16
    10. § 19.18
    11. § 19.20
    12. § 19.22
    13. § 19.26
    14. § 19.28
    15. § 19.29
    16. § 19.30
    17. § 19.32
    18. § 19.34
    19. § 19.35
    20. § 19.36
    21. § 19.37
    22. § 19.38
    23. § 19.40
    24. § 19.41
    25. § 19.42
    26. § 19.43
    27. § 19.44
    28. § 19.46
    29. § 19.48
    30. § 19.50
    31. § 19.52
    32. § 19.54
    33. § 19.55
    34. § 19.56
    35. § 19.57
    36. § 19.58
    37. § 19.60
    38. § 19.62
    39. § 19.64
    40. § 19.66
    41. § 19.68
    42. § 19.69
    43. § 19.70
    44. § 19.72
    45. § 19.73
    46. § 19.74
    47. § 19.78
    48. ▸ Chapter 19.80 — Noise Control
      Overview
      1. § 19.82
      2. § 19.88
      3. 88.080 Freestanding Signs
      4. § 19.90
      5. § 19.92
      6. § 19.94
      7. § 19.96
      8. § 19.98
      9. § 19.100
      10. § 19.102
      11. § 19.104
      12. § 19.106
      13. § 19.108
      14. § 19.110
      15. § 19.112
      16. § 19.114
      17. § 19.116
      18. § 19.124
      19. § 19.128
      20. § 19.130
      21. § 19.132
      22. § 19.134
      23. § 19.136
      24. § 19.138
      25. § 19.140
      26. § 19.142
      27. § 19.144
      28. § 19.146
      29. § 19.147
      30. § 19.148
      31. Article 7 — Subdivision Regulations

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