This chapter is intended to accomplish the following:
A. To
provide for the regulation of nonconforming uses and nonconforming
development or performance standards.
B. To
specify the circumstances and conditions under which nonconformities
may continue to exist.
C. To
limit the number and extent of nonconformities by prohibiting or limiting
their enlargement or extension; their re-establishment after abandonment;
and their alteration or restoration after partial destruction.
D. To
discourage the continuance of nonconformities where they adversely
affect the intent and purpose of this code and the General Plan or
the maintenance, development, use, enjoyment or economic value of
other property in the vicinity.
(Ord. 12-95)
The following provisions shall apply to nonconforming uses and
structures legally established prior to the effective date of this
ordinance or any prior applicable ordinance.
A. Continuation of Nonconforming Uses and Structures. A nonconforming use or structure, as defined by Section
17.04.033 of this title, may be maintained and continued, provided there is no alteration, or addition to any structure, nor any enlargement of area, space, or volume occupied by or devoted to that use, except as otherwise provided in this title.
B. Regulations
for Nonconforming Structures. The following regulations shall apply
to nonconforming structures:
1. Repairs
and Alterations to a Nonconforming Structure. Ordinary repairs and
maintenance may be made to a nonconforming structure as required to
maintain the public health, safety, and general welfare.
2. Permitted
Expansions and Alterations. The following exceptions to this title
are provided for the extension, expansion, or enlargement of a nonconforming
structure. These exceptions set forth the only allowable alterations
for nonconforming structures and shall not be construed to authorize
the modification of any provisions of this Title nor extend the termination
date of the subject nonconforming use.
a. When a subsequently adopted ordinance or regulation requires alterations,
those alterations shall be permitted.
b. When a structure other than a single family residential structure
located in a residential zone, is nonconforming because it does not
meet off-street parking requirements for the number of parking spaces,
alterations or expansions may be permitted provided that all parking
facilities are increased to meet the standards required by this title.
c. When a single family residential structure located in a residential zone is nonconforming because it does not meet off-street parking requirements, alterations and expansions may be permitted without increasing the number of off-street parking spaces provided, in accordance with Section
17.34.020. However, no existing off-street parking shall be eliminated.
d. Additions may be made to a nonconforming structure which is nonconforming
because it does not meet the requirements for yards, building height,
or dimensions for parking and loading. However, the proposed addition
shall meet the requirements in effect at the time the application
for the addition is made.
C. Repair
of Damaged or Destroyed Structures. The following shall apply to damaged
or partially destroyed nonconforming structures.
1. Any
nonconforming nonresidential structure or structures which are damaged
or partially destroyed by fire, explosion, act of God, act of a public
enemy, collapse, or any other casualty or calamity, may be reconstructed,
provided the damage to the structure does not exceed 75% of the appraised
value (as defined by this section) of the damaged structure, and further
provided the structure or structures existed as legally established
structures. All such construction or repairs shall be properly permitted
and started within two years from date of damage and shall be pursued
diligently to completion. Otherwise, the legal nonconforming status
of the structure or structures shall be lost.
2. Any
nonconforming residential structure or structures which are damaged
or partially destroyed by fire, explosion, act of God, act of a public
enemy, collapse, or any other casualty or calamity, may be reconstructed
to the conditions which existed prior to the casualty or calamity,
provided the structure or structures existed as legally established
structures. All such construction or repairs shall be started within
two years from the date of damage and shall be diligently pursued
to completion. Otherwise, the legal nonconforming status of the structure(s)
shall be lost.
3. In
determining the appraised value of any nonconforming structure, the
cost of land or any factors other than those concerning the nonconforming
structure itself shall not be considered.
Appraised value, for the purpose of this section, shall mean
the market value of the structure as reported by the owner, based
upon the market value of comparable structures in the City. Where
the City and owner do not agree upon the appraised value based on
said comparable, appraised value shall mean the value reported by
a qualified appraiser, approved by the City, hired by the owner to
determine the value of the structure.
4. A
nonconforming structure may be repaired or reconstructed to a size
no larger in area or volume than that which existed at the time the
damage occurred.
5. If,
in the process of repairing or reconstructing a nonconforming structure,
certain nonconformities can be brought into conformance, they shall
be brought into conformance.
D. Moving
a Nonconforming Structure. No nonconforming structure shall be moved
unless doing so will cause the structure to become conforming.
E. Structures
Under Construction. Construction which is underway on a structure
at the time the ordinance implementing these provisions is adopted
may be completed and the structure then used in accordance with provisions
of this title, or any amendments thereto, provided that:
1. A
valid building permit has been issued prior to the effective date
of this title; and
2. The
construction or proposed use of the building or structure is not in
violation of any other ordinance or law; and
3. The
building or structure is completed within one year from the date of
the ordinance; and
4. The
building or structure is completed in accordance with the plans, ordinances
and permits under which it was issued.
(Prior code 17.90.020; Ord.
431; Ord. 10-94; Ord. 12-95)
The following regulations shall apply to nonconforming uses:
A. Continuation.
The lawful use of a building or structure may be continued, although
such use does not conform with the provisions of this title, provided
no structural alterations, except those required by law or ordinance,
are made in the building. If no structural alterations are made, a
nonconforming use of a building may be changed to another nonconforming
use which, in the opinion of the Community Development Director, is
of the same or more restricted classification.
B. Discontinuance—Future
Use Must Conform. The lawful use of land, although such use does not
conform to the provisions of this title, may be continued, but if
such nonconforming use is discontinued voluntarily or involuntarily
for more than six months, all nonconforming privileges will be lost,
any future use of the land shall be in conformity with the provisions
of this chapter.
C. Physical Expansion Not Permitted. A nonconforming use shall not be enlarged or extended to any other portion of a lot not in use at the time the nonconformity was created, except as provided for in Section
17.38.060(A).
(Prior code 17.90.010, 17.88.010; Ord. 431; Ord. 20-82; Ord. 12-95)
Discontinuance of a nonconforming use as follows shall immediately
terminate the right to operate such nonconforming use:
A. By
changing a nonconforming use to a conforming use.
B. By
discontinuance of a nonconforming use for a consecutive period of
six months or for an intermittent period totaling one year over a
span of three years.
C. This
section does not apply to structures nonconforming to development
standards only.
D. No
property shall lose its right to continue as a nonconforming use unless
and until the Community Development Director has made a determination
that the property has been or was discontinued for such a period as
to lose its legal nonconforming status as set forth in this code.
The decision of the Community Development Director may be appealed
in accordance with this code.
(Prior code 17.90.010, 17.88.010; Ord. 431; Ord. 20-82; Ord. 12-95; Ord. 12-09, 2010)
Nonconforming public utilities and publicly-owned uses are not
subject to nonconforming provisions except as follows:
A. Additional
nonconformities or increases in the extent to which a use or structure
is nonconforming are prohibited.
B. The
site upon which a use was located at the time the use was rendered
nonconforming shall not be increased in size.
(Ord. 12-95)
In the case of nonconformities created by public acquisition,
the following shall apply:
A. Where
a structure is located upon a lot, a portion of which is acquired
for any public use (by condemnation, purchase, dedication, or otherwise)
by any governmental entity, such structure may be maintained upon
the remaining portion of said lot, and may thereafter be used, maintained
or repaired without relocating or altering the same to comply with
the development standards of this code.
B. Further,
if such structure is partially located upon the property being acquired
for public use, it may be relocated upon the same lot or premises
without observing the required yard space adjacent to the new lot
line created by such acquisition, and without reducing the number
of dwelling units to conform to the development standards of the district
in which it is located.
C. If
a lot does not comply with the development standard of the district
due to an acquisition of a portion thereof for public use, or if a
legally existing nonconforming lot is reduced in size due to an acquisition
of a portion thereof for public use, the remainder of said lot (so
long as said remainder is not smaller in area or width than one-half
of the minimum area or width required for the zone in which it is
situated) may continue to be utilized as a conforming lot. However,
all other development standards will still apply to any construction
thereafter.
(Ord. 12-95)
The following provisions apply exclusively to property which
is made nonconforming by General Plan Amendment No. 2009-001 and zoning
changes accompanying General Plan Amendment No. 2009-001 (here-after,
collectively referred to as general plan zoning), which properties
are included on the map of "Properties Made Non-Conforming by the
2010 General Plan Update and Accompanying Zone Changes" (hereafter,
map), which map shall be a public record, be provided to all property
owners whose property is on the map and be on file with the Community
Development Director.
A. Nonconforming
Use of a Conforming or Nonconforming Development.
1. A
legally established use on property that is depicted on the map which
because of general plan zoning is no longer permitted in a particular
zone shall be considered a nonconforming use.
2. A
nonconforming use shall be allowed to remain indefinitely, and can
be replaced by a similar nonconforming use provided the Community
Development Director finds that the proposed use is equal to or more
appropriate than the existing nonconforming use. With respect to property
previously zoned Commercial Recreation the Director's findings shall
be based upon reference to the use provisions contained in the M-1
(Light Manufacturing) and M-2 (Industrial) Districts. Manufacturing
uses on property previously zoned Commercial Recreation that contain
retail or office space consisting of more than 25% of the gross floor
area shall be determined as an equal to or more appropriate use, provided
the use complies with the City's parking ordinance.
3. A
nonconforming use shall be allowed to expand within a conforming or
nonconforming parcel. When the expansion of a nonconforming use requires
an alteration of buildings or site improvements, the building addition,
additional structures or site improvements shall comply with the requirements
contained herein, and all applicable requirements of the Orange Municipal
Code.
B. Nonconforming
Development Containing a Conforming or Nonconforming Use.
1. A
legally constructed development which because of general plan zoning
is no longer in compliance with the zoning development standards shall
be considered a nonconforming development.
2. A
nonconforming development shall be allowed to remain indefinitely.
3. A
nonconforming development shall be allowed to be routinely repaired
to maintain public health, safety and general welfare.
4. A
nonconforming development shall be allowed to expand provided that
the expansion complies with the requirements contained herein, and
all applicable requirements of the Orange Municipal Code.
5. Existing
nonconforming industrial development within the Katella Avenue Corridor
project area that was established prior to Zone Change 1177-95 shall
be governed by the M-1 and M-2 provisions.
C. Repair
of Damaged or Destroyed Nonconforming Developments.
1. A
nonconforming development that is damaged or destroyed shall be permitted
to be repaired or reconstructed to the condition which existed prior
to such damage or destruction, provided the structure or building
existed as a legally established development.
2. Repair
or reconstruction of a legally established nonconforming development
shall not be limited to any specific time constraint that is not applied
to repair or reconstruction of conforming development, provided that
public health and safety issues are addressed.
D. Moving
a Nonconforming Structure or Building. A nonconforming structure or
building shall be allowed to be moved provided doing so will cause
the structure or building to become conforming.
E. Residential Property Made Nonconforming by the General Plan Zoning. Any residential property that is made nonconforming by the general plan zoning may, notwithstanding Section
17.38.030(B), be permitted to continue unless such nonconforming use is discontinued, voluntarily or involuntarily, for more than 24 months.
(Ord. 12-09, 2010)
Any lot or parcel existing prior to annexation or prior to May
7, 1946 and any lot or parcel created since that date by City approval
of a lot division or subdivision application and subsequent recordation
in accordance therewith, having less area or width than required by
its subsequent zone classification may be used in accordance with
such classification regardless of its deficiency in area or width.
All other development standards of the zone shall apply.
(Ord. 12-95)
The City shall not require the correction of nonconforming zoning
conditions as a condition for ministerial approval of a parcel map
application for the creation of an urban lot split pursuant to SB
9.
(Ord. 15-23, 11/14/2023)