Chapter 17.16 — LEGAL NONCONFORMING STRUCTURES AND USES

Prior History: Former Ch. 17.20 R-R-O Rural Residential, Outdoor Advertising Zone, compiled of RCC Ch. 17.20; Ord. 18 § 2, 2008; repealed by Ord. 247, 1/15/2025.

• A. This chapter shall apply to all nonconforming structures and uses.

• B. This chapter is intended to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their re-establishment after discontinuance, and the alteration or restoration after destruction of the structures. More specifically, the intent of this chapter is to:

  1. Limit the number and extent of nonconforming structures by prohibiting their relocation, alteration, or enlargement in a manner that would increase the nonconformity.

  2. Prohibit the restoration of nonconforming uses and structures after destruction.

  3. Prohibiting the nonconforming use whenever the nonconforming use ceases for a period of at least one year.

• (Ord. 247, 1/15/2025)

• A. Any nonconforming structure or nonconforming use may be continued and maintained as provided in this chapter.

• B. The following structures and uses shall be deemed nonconforming:

  1. Any structure, the construction of which is incomplete at the time an amendment is adopted making the structure nonconforming, if:

     • a. A building permit has been legally issued for the structure; and

     • b. Substantial construction has been performed on the site before the amendment making such structure nonconforming is adopted; and

     • c. The structure is completed in accordance with the plans and specifications upon which the building permit was issued.

  2. Any use that is not yet established but for which an unexpired use permit or minor or major development permit was approved prior to the adoption of an amendment to Title 17, making such use nonconforming, so long as the use is established and maintained in accordance with any conditions of approval upon which the use permit or minor or major development permit was approved.

• (Ord. 247, 1/15/2025)

A nonconforming use, structure, or lot may be continued, transferred, or sold subject to the limitations set forth in this chapter. Restrictions and conditions affecting an existing nonconforming use, structure or lot shall apply and shall not be affected by ownership changes. (Ord. 247, 1/15/2025)

When it is necessary to obtain from the City a written verification of the nonconforming status of a structure or use the following procedure shall apply:

• A. Application. Every application for a determination of nonconforming use status shall be made in writing to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in Chapter 3.44 (Fees), and shall include the following information:

  1. Name, address and phone number of applicant (or representative) and the property owner;

  2. Assessor's parcel number of premises involved;

  3. A site plan drawn in sufficient detail to clearly describe the following:

     • a. Physical dimensions of property,

     • b. Location and dimensions of all existing structures,

     • c. Setback dimensions,

     • d. Location and dimensions of all driveways, parking areas, landscape areas, fences and walls,

     • e. Location and dimensions of all adjacent roadways showing location of street centerline and all existing improvements such as sidewalks, curbs, gutters or curb cuts;

  4. Panoramic photographs showing all sides of the on-site property, and adjacent off-site properties;

  5. Current zoning (with change of zone case number) and date it was adopted and became effective;

  6. Prior zoning designation;

  7. Written statement of justification for the nonconforming subject use of the property;

  8. Supporting documentation showing that the site has been in continuous use. Documentation may include, but is not limited to: bills of sale, bills of lading, utility bills, property tax records, Board of Equalization records, Employment Development Department records, fictitious business statement, Articles of Incorporation, canceled business checks, sales receipts, rental or lease agreements, or licenses;

  9. Such other information as determined necessary by the Planning Department.

• B. Review and Notice of Decision. Not less than 30 days from acceptance of an application as complete, the Planning Department shall verify the current zoning and supporting documentation. If the nonconforming use or structure is substantiated, the Planning Department shall complete a certificate of nonconforming use which shall include the following information: assessor's parcel number, situs address, nature of nonconforming use, expiration date, and

such other information as deemed appropriate. If the subject use or structure is not able to be substantiated, the Planning Department shall prepare a letter of denial of the nonconforming use to include the following information: assessor's parcel number, nature of nonconforming use, and justification for the denial of the request.

• C. An appeal of the Planning Department's determination may be pursued in accordance with Section 17.125.110 (Appeals) of this Title.

• (Ord. 247, 1/15/2025)

• A. Except as otherwise provided in this chapter, each and every nonconforming use may continue to be utilized and maintained, provided that there is no alteration, addition, enlargement or intensification to any such use or structure. Where an existing site improvement is nonconforming, nothing in this section shall prohibit minor site improvements that result in the reduction of this nonconformity.

• B. A structure, the use of which is nonconforming, shall not be moved, altered, enlarged, or extended unless required by law, or unless the moving, alteration, extension, or enlargement will result in the elimination of the nonconformity, except as permitted by this chapter. If moved, the structure shall be made to conform to current local, state and federal codes.

• (Ord. 247, 1/15/2025)

The total square footage of an existing nonconforming structure or use, excluding mobilehomes, may be expanded a maximum of 25% on the same parcel of land from the time the use was deemed nonconforming provided that structural alterations are of a minor nature and are necessary to improve or maintain the health or safety of occupants or are required by law or ordinance. Such expansion shall require issuance of a building permit only and shall not extend the period of nonconforming time in which the use must be eliminated. (Ord. 247, 1/15/2025)

Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a use that conforms to the provisions of this Title as they apply to the particular zone shall not thereafter be used or occupied by a nonconforming use. (Ord. 247, 1/15/2025)

• A. Without any further action by the City, any part of a structure or land occupied by a nonconforming use, which use is discontinued for one year or more, shall thereafter be used in conformity with the provisions of this Title and the nonconforming right shall be lost.

• B. The determination of discontinuance shall be supported by evidence satisfactory to the Community Development Director.

• C. An appeal of the Community Development Director's determination that the use has lost its nonconforming status by discontinuance may be pursued in accordance with Section 17.125.110 (Appeals) of this Title.

• D. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all current requirements of this Title and the subject zoning district.

• (Ord. 247, 1/15/2025)

• A. The provisions of this chapter shall not prevent the reconstruction, repairing, rebuilding or replacement and continued use of any nonconforming structure that is damaged by fire, explosion or acts of God, as provided by this chapter.

• B. A nonconforming building or structure which is accidentally damaged pursuant to subsection A above may be repaired provided the cost of the repairs does not exceed 50% of the assessed value of the repaired building or structure. Said cost and value shall be determined by the Chief Building Official.

• C. Repairs made pursuant to this section shall be made in conformance with the current regulations of this chapter to the maximum extent feasible, in the opinion of the Community Development Director, and shall fully comply with all other applicable laws and regulations. This provision shall not be construed to require a reduction in intensity of use from that existing prior to the damage. The degree of nonconformity shall not be increased under any circumstances.

• D. Routine maintenance and minor repairs may be performed on a nonconforming structure provided that the maintenance and repairs do not increase any nonconformity.

• (Ord. 247, 1/15/2025)

Whenever dwelling units in an area are zoned, as part of a senior citizen development, for permanent occupancy only by persons above a minimum age, any person below the minimum age requirement residing in a dwelling unit in the area at the time the zone classification becomes effective is not subject to the age restriction and may continue residency in the dwelling unit for an unlimited period of time. The right to continue such occupancy is not transferable to any other person.

(Ord. 247, 1/15/2025)

The provisions of this section apply to structures and uses which become nonconforming by reason of the adoption of the ordinance codified in this chapter or any amendment thereof, as of the effective date of such adoption or amendment. No use shall be deemed to have become nonconforming by virtue of decreased lot size resulting solely from the acquisition of any portion of the lot for public road or storm or drainage channel purposes or the adoption of any specific plan for such purpose.

(Ord. 247, 1/15/2025)

Uses of land, lots, or structures that were created in violation of the Wildomar Municipal Code, state law, federal law, development code, subdivision regulations, or building code in effect at the time the use was established are presumed to be in violation of the current regulations and illegally existing

with no vested rights. The land use must be brought into conformance with the current standards of this Title, not the standards in effect at the time the use was illegally initiated. (Ord. 247, 1/15/2025)