It is the purpose of this chapter to establish the conditions
under which existing structures and land uses may be permitted to
continue despite their apparent violation of this title. It is the
intent of this chapter that such nonconforming uses and buildings
shall, except as provided herein, be eliminated as soon as it is economically
and practically feasible to do so.
(Ord. 94-884; Ord. 601 § 1, 1983)
Except as otherwise provided by law, nothing in this title shall
prevent the strengthening or restoring to a minimum safe condition
of any part of any structure declared unsafe by proper authority.
(Ord. 94-884, 1994; Ord. 601 § 1, 1983)
A. A legal
nonconforming building that has been or may in the future be damaged
or destroyed by fire, explosion, or other casualty or act of nature,
or public calamity or riot, may be reconstructed to its original density,
size, height, design, configuration or condition and the use or occupancy
of such building or part thereof which existed at the time of such
destruction may be continued provided such legal nonconformities are
not increased in density or intensity, and there is no reduction in
the amount of off-street parking and landscaping that existed onsite
prior to such destruction.
B. The
community development department shall grant a reconstruction permit
if it can be found, from the facts contained in the application, from
information obtained by the community development director, and from
the evidence presented, that:
1. The
building is a legal, nonconforming building and such legal nonconformity
did not result from any action by any owner after the effective date
of any zoning regulation with which the building is not in conformity;
and,
2. The
legal, nonconforming building can be rebuilt on the previous footprint
but must meet current building codes.
3. At
the time the application is filed, the applicant shall pay a reconstruction
permit fee in such an amount as the city council shall from time to
time establish by resolution.
4. Developed
properties located on the east side of Seacoast Drive, south of Imperial
Beach Boulevard, adjacent to the Tijuana River National Estuarine
Research Reserve (TRNERR) will comply with the current development
standards of the underlying zone and land use policies wherever possible.
(Ord. 96-902 § 3, 1996; Ord. 97-911 § 1, 1977)
Repairs, alterations and maintenance work required to keep it
in sound condition may be made to a nonconforming structure; provided,
no structural alterations or additions shall be made except such as
are required by law or ordinance, or authorized by the building official.
(Ord. 94-884; Ord. 601 § 1, 1983)
A nonconforming structure may not be added or enlarged in any
manner unless the additions or enlargements conform to all the regulations
of the zone in which the structure is located. Increasing the square
footage of a nonconforming residential structure does not constitute
adding to or enlarging for purposes of this section provided that
no additional dwelling unit is created and such increase otherwise
conforms to applicable development standards.
(Ord. 94-884; Ord. 601 § 1, 1983; Ord. 97-909 § 1, 1997)
No nonconforming structure shall be moved, in whole or in part,
to any other location on the lot or any other lot in the city unless
every portion of such structure which is moved is made to conform
to all the regulations of the zone in which it is to be located.
(Ord. 94-884; Ord. 601 § 1, 1983)
The conforming use of a nonconforming structure may be changed
to any other use which is permitted in the same zone as the use for
which the structure is designed and arranged, except as provided in
this title.
(Ord. 94-884; Ord. 601 § 1, 1983)
A nonconforming structure which, through provisions of this
title, must be removed or modified, may be continued upon issuance
of a valid variance as permitted in this title.
(Ord. 94-884; Ord. 601 § 1, 1983)
The following nonconforming structures are declared to be nuisances
and shall be discontinued or removed in accordance with the following
schedule:
A. All nonconforming signs, billboards or commercial advertising structures shall be removed within one year from the date of notification of violation or as provided for in Chapter
19.52.
B. Nonconforming
structures having a permit value, or a value as determined by the
building official of five hundred dollars or less shall be abated
within three years from the date of notification of violation.
(Ord. 94-884; Ord. 601 § 1, 1983)
A use shall be deemed to have ceased when it has been discontinued
either temporarily or permanently, whether with the intent to abandon
the use or not. A structure or parcel of land containing a nonconforming
use, which is, or hereafter becomes, vacant and remains unoccupied
for a continuous period of one year, shall be considered to have ceased
such nonconforming use.
A. Discontinuance
in Structures. The nonconforming use of a conforming structure may
be continued, except that any nonconforming commercial or industrial
use of a residential building or residential accessory building in
any residential zone shall be discontinued within three years from
the date of notification of such violation.
B. Discontinuance
of Land. The nonconforming use of land shall be discontinued within
three years of the date or notification of violation, in each or any
of the following situations:
1. Where
no buildings are employed in connection with such use;
2. Where
the only buildings employed are accessory and incidental to such use;
or
3. Where
such use is maintained in connection with a conforming building.
C. Extension
of Use. No nonconforming use of land shall be extended or expanded
wither on the same or adjoining property.
D. Conditional
Use Permit. A nonconforming use which, through provisions of this
title, is required to be discontinued may be continued upon issuance
of a valid conditional use permit as permitted in this title.
(Ord. 94-884; Ord. 601 § 1, 1983)
A. Any lot, which contains less land area than that required for the zone in which it is located and for which an exception has not been made is provided in this chapter or Chapter
19.42 shall be considered a conforming lot.
B. Except
as otherwise provided in this title, no building shall be constructed
or moved onto a nonconforming lot.
(Ord. 94-884; Ord. 601 § 1, 1983)
Any lot shall be deemed to be conforming when the reduction
in size was caused or created by a required dedication of land by
the property owner to, or condemned by, the city or any other governmental
agency for street widening or other public purposes.
(Ord. 94-884)
Any lot shall be deemed to be conforming when the reduction
in size was caused or created by a required dedication of land by
the property owner to, or condemned by, the city or any other governmental
agency for street widening or other public purposes.
(Ord. 94-884)