Atascadero City Zoning Code

The purpose of these regulations is to control, improve or terminate uses which do not conform to this title.

Nonconforming use includes any of the following which were lawfully established before the effective date, or before any subsequent amendment, or this title:

A nonconforming use established prior to the effective date of this title, or prior to any subsequent amendment which creates such nonconformity, may be continued and maintained, except as otherwise provided by this chapter. Continuation of a nonconforming use may include a change of ownership, tenancy or management where the building, structure (including signs), land use or activity is substantially unchanged.

Nothing contained in this title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has been issued prior to the effective date of this title, provided that said permit does not lapse (Section 9-2.118).

Any nonconforming use which is nonconforming only because of the absence of an entitlement shall not be enlarged, altered or extended to occupy a greater land area without first securing approval of the required entitlement. The use shall be deemed a conforming use upon securing the approval of such entitlement.

Any nonconforming use of land (Section 9-7.102(b)) may be continued as follows:

The use of a building which is in conformity with the provisions of this title but which is occupied by a nonconforming use may be continued as follows:

Any structure that does not conform to the setback, height, or coverage requirements specified in this title, or the requirements of the building and construction ordinance, may continue to be used provided the structure was established and has been maintained in a lawful manner and condition and is not altered or expanded, except:

If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 9-7.106) or a nonconforming sign is destroyed or partially destroyed to the extent of 75% or more of the replacement cost of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed; provided, the use, structure or sign and the land on which it was located are in conformity, or are brought into conformity with all applicable requirements of this title with the exception of the following:

A use may be established in a structure which is nonconforming only as to off-street parking (Section 9-4.114) only:

A nonconforming use may be replaced with another use even though the building or site does not meet the standards of this title. However, such substitution shall occur only when the new use is determined to be similar to the prior nonconforming use or is allowed by Chapter 9-3 and only where:

Any lot having an area less than the minimum parcel size required by this title or other ordinances is a legal nonconforming lot if:

A legal nonconforming lot may be developed for uses identified as an allowable or conditional use by Title 9, provided the minimum development standards established for a particular use are satisfied. This includes structures that are partially or completely destroyed that are conforming uses.

Reductions in the size of existing nonconforming lots shall only be allowed with lot line adjustments to correct historical and geographical use problems and to facilitate the relocation of existing utilities, infrastructure or easements. Under no circumstances shall lots conforming to minimum lot sizes be reduced in size to a nonconforming status.

Application for a lot line adjustment affecting a nonconforming lot(s) shall be in a form approved by the Community Development Director. Procedures for Planning Commission consideration and action on such lot line adjustments shall be as provided for variances in Section 9-1.113 of this title.