Poway City Zoning Code

This chapter is intended to promote the public health, safety and general welfare of the City and its citizens by prohibiting or limiting nonconforming uses and structures considered harmful or detrimental to the orderly and creative development of surrounding land uses.

While permitting the use and maintenance of existing nonconforming uses and structures, this chapter is intended to establish the criteria under which they may be continued, moved or possibly expanded, and to provide for the correction or removal of the land use nonconformities determined incompatible in an equitable, reasonable and timely manner.

Restoration of Damaged Structure.

Maintenance and Repair. Routine maintenance and repairs may be performed on nonconforming structures. Structural elements may be modified or repaired only if the Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property, and the cost does not exceed 50 percent of the replacement cost of the legal nonconforming structure based on the estimated cost of duplicating the entire structure as determined by the Building Official based on the minimum cost of construction in compliance with the building code. However, improvements required to reinforce nonreinforced masonry structures, shall be permitted without replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

Alterations and Additions.

Residential Uses. In any zone, an existing residential use may be permitted to continue provided that the number of dwelling units shall not be increased.

Commercial Uses in Commercial Zones. Nonconforming commercial uses in commercial zones may continue to operate in the location where they were legally established in perpetuity subject to the following:

Mini-Warehouses and Gasoline Service Stations in Commercial Land Use Districts. Nonconforming mini-warehouses and gasoline service stations in commercial land use districts may continue to operate in the location where they were legally established subject to the following:

Other Nonconforming Uses. Nonconforming uses other than residential uses, nonconforming commercial uses in commercial land use districts, mini-warehouses and gasoline service stations shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

Nonresidential Uses and Nonresidential Structures in Residential Zones. Nonconforming nonresidential uses and nonconforming nonresidential structures in residential zones may continue to operate in the location where they were legally established, except that such a use or structure cannot continue once it is abandoned. For purposes of this section, a nonconforming use or structure will be deemed abandoned in the following circumstances:

Calculation of Time. The time period for any required removal or alteration of the structure shall be computed from the effective date of the change in zone boundaries or regulations.

Abatement. Legal nonconforming uses and/or structures shall be discontinued, altered or removed within the following specified time limits:

Harmful Uses. In any zone any nonconforming use or structure determined to be a health, safety or environmental (including noise impacts) hazard to the surrounding land uses may be ordered terminated by the City Council within a period of time less than otherwise specified in this section, provided that the City Council finds that said termination can reasonably be accomplished and that a reasonable amortization period is provided.