Costa Mesa City Zoning Code
CHAPTER X
NONCONFORMING USES, DEVELOPMENTS AND LOTS
§ 13-201 Purpose.
The purpose of this chapter is to identify the development parameters regarding nonconforming uses, developments and lots.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-202 Definitions.
The following terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:
An existing and legally established use which is permitted in a particular zone by this Zoning Code.
An existing and legally established development which conforms to the development standards required by this Zoning Code.
An existing and legally established development which no longer conforms to the development standards required by this Zoning Code.
An existing and legally established dwelling unit which no longer conforms to the development standards required by this Zoning Code or which is located in a district where it is no longer permitted.
An existing and legally established lot not complying with the minimum area and dimension standards required by this Zoning Code.
An existing and legally established mobile home park which no longer conforms to the development standards or location provisions required by this Zoning Code.
An existing and legally established use which is located in a district where it is no longer permitted by this Zoning Code.
An existing and legally established use which is located in a district where it is no longer permitted by this Zoning Code and where such use involves no individual structure with a replacement cost exceeding $5,000.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-203 Maintenance and repair.
(a)
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any structure or part thereof declared to be unsafe, except as noted in subsection (b), by order of any official charged with protecting the public safety, nor shall it prevent alterations necessary for compliance with requirements of other governmental agencies.
(b)
If a nonconforming development or portion of a development containing a nonconforming use becomes physically unsafe or unlawful because of lack of repairs or maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-204 Nonconforming provisions.
The following table identifies the provisions governing nonconforming uses and/or developments:
TABLE 13-204 NONCONFORMING PROVISIONS—USES | ||
|---|---|---|
TYPE OF USE | CONTINUANCE OF A USE PERMITTED | CHANGE OF USE PERMITTED |
Conforming Use in a Nonconforming Development | YES—No restrictions on use. | YES—Exception: If the development has less parking than required for the existing conforming use, the existing use may not be replaced with a use requiring more parking unless the additional parking required for the new use is provided. Other uses on the same site may continue with the existing nonconforming parking. |
Nonconforming Use in a Conforming or Nonconforming Structure: | ||
Nonresidential Structures | YES—However, when a nonconforming use is discontinued or abandoned for 6 consecutive months or for 18 nonconsecutive months during any three-year period (except when government action impedes access to the premises) or when it is replaced for any time period by a conforming use, the development shall not thereafter be used except in conformity with the regulations of the district in which it is located. For purposes of this chapter, a discontinued use shall not require a determination of the voluntary or involuntary nature of the discontinuance or the intent to resume the nonconforming use. | YES—Any nonconforming use may be changed to another nonconforming use provided that the development services director finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such a change, the development services director may require appropriate conditions and safeguards in accordance with the provisions of this Zoning Code and/or may require reasonable alterations to the premises to bring them into greater conformance with the requirements for the district. Structural alterations, conforming to the provisions of this Zoning Code, may be approved by the development services director provided that it is determined that the proposed alterations do not extend the life of the nonconforming use. |
Residential Structures | YES—However, when a nonconforming use is discontinued or abandoned for any period of time, it may not be reestablished. All subsequent uses in the residential structure shall conform to this Zoning Code. | YES—However, only to a use conforming to the provisions of this Zoning Code. |
Nonconforming Mobile Home Parks | YES—A nonconforming mobile home park may continue unless and until no one resides onsite for a continuous period of 6 months. | YES—However, the conversion is subject to the procedures for Mobile Home Park Conversions in Chapter III Planning Applications. |
Nonconforming Use of Land or Land with Minor Structures only | 1. Legally established agricultural uses may continue until the land is developed. 2. If the use is discontinued or abandoned for any period of time, all subsequent uses shall conform to this Zoning Code. 3. No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time it became nonconforming. 4. No nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the time the use became nonconforming. | YES—However, only to a use conforming to the provisions of this Zoning Code. |
TABLE 13-204 NONCONFORMING PROVISIONS—DEVELOPMENTS | ||
|---|---|---|
TYPE OF DEVELOPMENT | ALTERATION OF DEVELOPMENT | REBUILDING AFTER DESTRUCTION |
All Nonresidential Developments containing Nonconforming Uses | No existing development devoted to a nonconforming use shall be structurally altered except in changing the use of the development to a conforming use. Except that structural alterations, conforming to the provisions of this Zoning Code, may be approved by the development services director provided that it is determined that the proposed alterations do not extend the life of the nonconforming use. Ordinary maintenance shall be permitted. | The following provisions shall apply to the reconstruction of legal nonconforming commercial, industrial and institutional developments. Any reconstruction allowed must be started within a period of one year and carried out diligently to completion. An extension of time to start the restoration may be granted for good cause by the development services director. 1. Should a nonconforming commercial, institutional or industrial development or nonconforming portion of a commercial, institutional or industrial development be destroyed to an extent of more than 50 percent of the market value, it shall not be reconstructed unless such destruction is unintentional. In the case of unintentional destruction, the development may be restored to its original building intensity (floor area ratio) and use provided that: a. The rebuilding complies with all other applicable sections of this Zoning Code and other codes including but not limited to the following development standards: building setback, lot coverage, building height, parking, open space and landscaping. b. The rebuilding would not increase the development's nonconformity. 2. Should a nonconforming commercial, institutional or industrial development or nonconforming portion of a commercial, institutional or industrial development be unintentionally destroyed by any means to an extent of 50 percent or less of the market value, the structure may be restored and the occupancy or use of such structure or part thereof may be continued or resumed provided that the restoration is of an equal or lesser degree of nonconformity. |
Nonconforming Nonresidential Developments containing Conforming Uses | Alterations may be made provided that all of the following criteria are met: 1. The alteration itself complies with all applicable sections of this Zoning Code and other codes; 2. In permitting such an alteration, the development services director may require appropriate conditions and safeguards in accordance with the provisions of this Zoning Code and/or may require reasonable alterations to the development to bring it into greater conformance with the standards for the district; and 3. The development will not be made more nonconforming. | |
Nonconforming Use of Land or Land with Minor Structures only | No nonconforming structure shall be erected or altered in connection with the nonconforming use of land. | |
Nonconforming Dwelling Units containing Conforming Uses | Alterations may be made to nonconforming dwelling units provided the following criteria are met: 1. The zone is residential; 2. The alteration or addition itself complies with all applicable sections of this Zoning Code and other codes; 3. The addition does not occupy the only portion of an area which can be used for required garages, parking spaces or access thereto; and 4. The residential development will not be made more nonconforming. 5. When the existing main building, excluding architectural features, projects into required setback areas, minor building additions may encroach into required setback areas with approval of a minor modification. | The following provisions shall apply to the reconstruction of legal nonconforming dwelling units. Any reconstruction allowed must be started within a period of one year and carried out diligently to completion. An extension of time to start the restoration may be granted for good cause by the development services director. 1. If the unit(s) in any residential zone is/are destroyed unintentionally by any means, to any extent, the damage may be restored and the occupancy continued or resumed provided that the restoration is of an equal or lesser degree of nonconformity. 2. See section 13-205 regarding provisions for rebuilding after voluntary destruction in multi-family zones. 3. Should a legally constructed dwelling unit in a commercial or industrial zone be destroyed by any means to an extent of more than 50 percent of the market value, it shall not be reconstructed. 4. Should a legally constructed dwelling unit in a commercial or industrial zone be unintentionally destroyed by any means to an extent of 50 percent or less of the market value, the structure may be restored and the occupancy or use of such structure or part thereof may be continued or resumed provided that the restoration is of an equal or lesser degree of nonconformity. |
Nonconforming or Conforming Dwelling Units containing Nonconforming Uses | 1. No existing development devoted to a nonconforming use shall be structurally altered except in changing the use of the development to a conforming use. Except that structural alterations, conforming to the provisions of this Zoning Code, may be approved by the development services director provided that it is determined that the proposed alterations do not extend the life of the nonconforming use. Ordinary maintenance shall be permitted. 2. In nonconforming mobile home parks, existing mobile homes may be replaced by other mobile homes provided that the total number of units within the mobile home park is not increased and the mobile home park will not be made more nonconforming in respect to this Zoning Code. | |
Nonconforming Mobile Home Parks | ||
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 28, 3-2-98)
§ 13-205 Provisions for multi-family zones for rebuilding after voluntary destruction.
(a)
If units in the R2-MD, R2-HD, R3 or PDR zones are voluntarily demolished, an equal or lesser number of units may be rebuilt so long as the development complies with all other applicable sections of this Zoning Code and other codes. This includes but is not limited to the following development standards: building setback, lot coverage, building height, parking, open space and landscaping. Furthermore, the allowable density or number of units to be redeveloped shall be limited to the general plan rebuilding incentive for the current land use designation. The resulting number of units shall not exceed the existing number of legal nonconforming units nor be more than the number of units that would have been allowed on March 15, 1992. The rebuilding shall not increase the development's nonconformity.
(b)
Consideration may be given through the master plan process, to allow rebuilding of existing multiple-family residential projects that do not fully meet all the other applicable sections of this Zoning Code and other code standards. Consideration shall be given to the provision of tandem parking for units requiring more than one dedicated parking space and for cantilevered second story living areas over drive or yard areas. Through the master plan process, the rebuilding project must demonstrate why strict compliance with each of the current standards is either infeasible or unnecessary. In exchange for any deviation from current standards, the project must provide additional amenities such as those listed below:
(1)
Provision of garages instead of carports for greater security.
(2)
Useable open space with amenities.
(3)
Flower beds and adequate lawns of sufficient area to create a useable recreation area.
(4)
Individual vegetable garden areas screened by hedges.
(5)
Masonry planters, potted flowers and shrubs on decks and balcony flower boxes.
(6)
Trellises with vines.
(7)
Minimum size trees based on box size rather than gallons such that 30% or more of the trees are a minimum twenty-four-inch box size.
(8)
CC&Rs to ensure landscape maintenance.
(9)
On-site manager for projects of 15 units or less.
(10)
Awnings, especially along the front for color and product definition, and a better facade.
(11)
Stamped concrete or decorative at entrances and critical driveway intersections.
(12)
Meandering rather than straight sidewalks.
(13)
Terraced elevations at all sides to reduce scale and massing.
(14)
Upgraded windows and doors for noise reduction.
(15)
Covered/screened dumpsters for projects of four units or less.
(16)
Concrete slab where the trash truck would stop to compact trash to prevent damage, or contract for roll-off service so that the trash truck does not come on-site.
(17)
Orientation of units away from the street toward interior courtyards.
(18)
Adequate lighting for security (beyond parking and driveway lighting required by code).
(19)
Gates and intercom system for security.
(20)
Other amenities that enhance the project and the overall neighborhood.
(c)
In reviewing the master plan, the planning commission shall decide if the degree of deviation is warranted, if the proposed amenities are sufficient to offset the deviation, and if the maximum allowable density shall be reduced due to the deviation.
(d)
The master plan shall be processed as shown in Chapter III, Planning Applications.
(e)
Findings. The findings necessary to grant the master plan are:
(1)
Full compliance with current development standards would make rebuilding infeasible;
(2)
The proposed rebuilding is substantially compatible with surrounding developments and would not be materially detrimental to other properties in the area;
(3)
The proposed rebuilding is less nonconforming than the existing development; and
(4)
The proposed rebuilding provides additional amenities that ensure a high quality development.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 29, 3-2-98; Ord. No. 05-3, § 1h., 2-7-05)
§ 13-206 Nonconforming fences and walls.
Nonconforming fences or walls may remain unless destroyed, damaged or altered (by any means or cause) to the extent of more than 50% of its value. When the destruction, damage or alteration exceeds 50% of its value then the reconstruction shall conform to the Zoning Code.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-207 Nonconforming lots.
(a)
Uses permitted in the zone shall be permitted on nonconforming lots, subject to all other property development standards of the zone.
(b)
When two or more contiguous nonconforming lots or portions of lots are held under common ownership, they shall be deemed merged when and as provided for in the Subdivision Map Act (State Government Code Sections 66410 to 66499.58).
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-207.1 Group homes.
If any lawfully existing group home is in violation of section 13-30 and (i) it would be an economic hardship to bring the use into compliance immediately, or (ii) a vested right exists to continue the use, the development services director may, upon request of the owner or at the director's own initiative, establish a reasonable amortization period by the end of which the use must be in compliance.
(Ord. No. 00-5, § 1(f), 3-20-00)