The intent and purpose of this Chapter is to set forth and establish procedures and regulations governing nonconforming uses.
(Ord. 1201, 12/9/2025)
The provisions set out in this Chapter shall apply to all nonconforming uses of land, including any nonconforming uses, sites, and structures in existence that were legally established on the effective date of the ordinance codified in this Title but have become nonconforming by adoption of this Title, as well as uses, sites, and structures that have become nonconforming due to subsequent amendments to the text of this Title, or the Zoning Map.
(Ord. 1201, 12/9/2025)
The Zoning Administrator shall have the authority to determine and substantiate the existence of any nonconforming use in accordance with the procedures and requirements of this Chapter.
(Ord. 1201, 12/9/2025)
means the discontinuance of the primary activities or functions associated with the nonconforming use, including, but not limited to, any of the following reasons:
Closure of the business to the public or cessation of principal activities on the premises;
Removal of business licenses, permits, signage, or inventory;
Disconnection of utilities necessary for active use;
Vacancy of the premises, without ongoing substantial efforts to resume use;
Lease or ownership transfer that excludes continuation of the nonconforming use; or
Any other factual circumstances indicating that the use has been voluntarily discontinued.
The burden shall be on the property owner or operator to demonstrate that the nonconforming use has not been abandoned. Temporary closures due to natural disasters or government-ordered shutdowns may not constitute abandonment if the owner provides clear evidence of intent to resume the nonconforming use within a reasonable time as determined by the Zoning Administrator or designee. |
means any legally existing lot of record which is vacant and/or otherwise unimproved and is only considered to be substandard by reason of lot area or applicable dimensional requirements that are less than the minimum required under the current zone classification provisions shall be considered a lawful nonconforming lot. A nonconforming lot may be developed and used as a building site subject to compliance with all applicable requirements and zone classification regulations, unless a variance or other modification or exception is approved, as provided for in this Title.
(Ord. 1201, 12/9/2025)
A.
Continuation and Maintenance of Nonconforming Uses and Structures.
1.
Right to Continue. A legally established nonconforming use may be continued and maintained provided there is no addition, enlargement, alteration, or other change to any use, building, or structure, except as otherwise permitted by this Chapter.
a.
Maintenance and Nonstructural Repairs. Maintenance, nonstructural repairs, and nonstructural interior alterations to a nonconforming structure may be permitted if the changes and improvements do not enlarge or extend the structure.
b.
Structural Repairs. Structural repairs as required by State law that do not enlarge or extend the structure may be constructed as determined by the Building Division; however, the cost of such structural repairs shall not exceed 50% of the replacement cost of the legal nonconforming structure, as determined pursuant to Section 18.07.060 (Repair and Replacement of Damaged or Destroyed Nonconforming Structures).
2.
No intensification, expansion, or other change in use and no alteration or other change in structures is permitted, except as otherwise provided in this Chapter.
B.
Modifications to Nonconforming Uses or Nonconforming Structures.
1.
Residential Uses or Structures.
a.
Alterations or additions to nonconforming single-family dwellings may be made without complying with the parking regulations of this Title provided that:
i.
The existing dwelling contains a legally permitted one-car garage or carport.
ii.
The existing driveway leading to the garage or carport shall be widened in compliance with Chapter 18.19 (Off-Street Parking and Loading Standards). In the event that the existing driveway cannot be widened due to existing physical obstructions, the existing driveway shall be considered to comply with required parking provisions of this Title.
b.
Nonconforming Driveways. Driveways not leading to permitted garages or carports shall be removed with the exception of ADUs and junior accessory dwelling units (JADUs) garage conversions.
c.
Side Yard Setbacks. Side yard setbacks for nonconforming single-family dwellings and attached/detached accessory structures may be reduced to a minimum of three feet to permit expansion in line with existing building walls.
d.
Live-Work Conversion. Nonconforming single-family dwellings on major thoroughfares can be converted to live-work subject to approval of an AUP under Section 18.05.020 (Administrative Use Permits). Development of new single-family homes for the conversion to live/work space is not permitted. Only office uses permitted provided the applicant can provide parking for the required office and residential unit.
C.
Abandonment and Discontinuation of Nonconforming Use.
1.
Any nonconforming use of land shall be terminated if it has been non-operational and/or vacated for a continuous period of six months, and any subsequent uses shall comply fully with the provisions of this Title.
2.
For the purposes of determining whether a use has been discontinued, the property owner shall have the burden of proof in demonstrating a continuation of use.
(Ord. 1201, 12/9/2025)
A.
Any legal nonconforming building or structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with may be restored or rebuilt subject to the provisions in this Section.
B.
Restoration When Damage Is 50% or Less of Value.
1.
If the cost of repair or reconstruction is less than or equal to 50% of the replacement value of the structure, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed.
2.
The determination of the extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of rebuilding the entire structure as it existed prior to the damage. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.
C.
Restoration When Damage Exceeds 50% of Value. If the cost of repair or reconstruction exceeds 50% of the replacement value of the structure, as determined pursuant to Subsection A above, the land and building shall be subject to the requirements of this Title, except as provided below.
1.
Residential Structures. Any nonconforming residential use may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage, and the nonconforming use, if any, may be resumed subject to a Zoning Consistency Review in the case of single-unit dwellings or as required under Division 3 (Zones and Zone-Specific Standards) of this Title in the case of other residential uses, unless the Zoning Administrator finds that:
a.
The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood or will be detrimental or injurious to property and improvements in the neighborhood; or
b.
The existing nonconforming use of the building or structure can be more appropriately moved to a zone in which the use is permitted, or there no longer exists a zone in which the existing nonconforming use is permitted.
2.
Building permits for any reconstruction, restoration, or rebuilding undertaken must be obtained within two years after the date of the damage or destruction.
(Ord. 1201, 12/9/2025)
A.
A use of land or development standard that becomes nonconforming may be continued for a period of 10 years from the date the use becomes nonconforming, at which time such nonconforming use shall be removed, discontinued and abated or changed so as to conform with the requirements of this code. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied when it became nonconforming.
B.
Nonconforming Adult Establishments, Businesses, or Other Adult Uses Discontinuance Required Within Three Years. Notwithstanding other provisions of this Zoning Code, within three years after the effective date of the ordinance codified in those sections of this Zoning Code relating to land uses characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, such uses shall be discontinued or shall be brought into full compliance with local regulations.
C.
Where the property is unimproved, including, but not limited to, areas used for vehicle off-street parking facilities, one year.
D.
Where the property is unimproved, except for structures of a type for which the Building Code does not require a building permit, three years.
E.
Where the property is unimproved except for a structure which contains less than 100 square feet of gross floor area, three years.
F.
Termination of Nonconforming Buildings or Structures by Operation of Law. Nonconforming buildings or structures shall be abated and usage thereof shall be terminated upon the expiration of the period of time indicated hereafter.
(Ord. 1201, 12/9/2025)
The right to continue a nonconforming use or structure shall not apply to uses or structures deemed to be a public nuisance, as defined in the Civil Code of the State of California, arising from conditions that constitute a threat to public health, safety, or general welfare. Any nonconforming use may be abated or, alternatively, terminated in compliance with the provisions and procedures as set forth in Article I, Nuisance Abatement, Chapter 8.16 in Title 8 (Health and Safety) of the Pico Rivera Municipal Code.
(Ord. 1201, 12/9/2025)