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Rialto City Zoning Code

CHAPTER 18

60 - NONCONFORMING USES

Sections:


18.60.010 - Application of chapter.

A.

The regulations set forth in this chapter apply to all nonconforming buildings and structures or parts thereof and uses existing at the effective date of this title.

B.

The provisions of this chapter also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this title or any subsequent change in the regulations of this title, provided, however, that where a period of years is specified in this chapter for the removal of nonconforming buildings, structures, or uses the period is computed from the date of such reclassification or change.

C.

The provisions of this chapter apply to uses which become nonconforming by reason of any amendment to this title, as of the effective date of such amendment.

D.

The provisions of this chapter shall not apply so as to place in a nonconforming category any existing use requiring a conditional development permit under Chapter 18.66, except as provided in Section 18.60.050. However, if there is a proposed change of use or increase in area of property used, an application for a conditional development permit is required.

(1965 code Title XII, Ch. 3, § 15 (part) (J)(M)(N))

(Ord. No. 1654, § 3[4], 1-26-21)

18.60.020 - Continuance—Building or structure.

Any nonconforming building or structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such building or structure except as permitted in other chapters of this title.

(1965 code Title XII, Ch. 3, § 15(A))

18.60.030 - Continuance—Use.

Any nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area space, or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title.

(1965 code Title XII, Ch. 3, § 15(B))

18.60.040 - Change—To conforming use.

Any part of a building, structure, or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.

(1965 code Title XII, Ch. 3, § 15(C))

18.60.050 - Discontinuance—Time limit.

Any part of a building, structure or land occupied by a nonconforming use, which is discontinued for a period of one year or more, shall not again be used or occupied for a nonconforming use.

(1965 code Title XII, Ch. 3, § 15(D))

18.60.060 - Change—To another nonconforming use.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification.

(1965 code Title XII, Ch. 3, § 15(E))

18.60.070 - Buildings or structures—R zones.

In all R zones, every nonconforming building or structure which was designed, arranged, or intended for a use not permitted in the R zones, shall be completely removed, or altered and converted to a conforming building, structure and use when such buildings or structures have reached, or may hereafter reach, the age of forty years, computed from the date the building was erected. Provided, however, that this regulation shall not become operative until ten years from the effective date of this title.

(1965 code Title XII, Ch. 3, § 15(F))

18.60.080 - Nonresidential uses in residential district.

Nonresidential uses in a residential land use district may be allowed to remain beyond the established amortization period provided that a petition is signed by a majority of the residents of a district defined by a radius of five hundred feet from the external boundaries of the affected nonresidential nonconforming use, and the city council after due hearing and presentation of petition adopts a resolution granting an extension for a specific length of time with such conditions to protect the residential areas adjacent as are proper and necessary.

(1965 code Title XII, Ch. 3, § 15(G))

18.60.090 - Nonconforming uses in R zones.

In all R zones, every nonconforming use of land (where no main building is involved) existing at the time this title becomes effective shall be discontinued within three years from the effective date of this title.

(1965 code Title XII, Ch. 3, § 15(H))

18.60.100 - Nonconforming signs.

Any sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained at the time this title becomes effective may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made thereto, and provided further that all nonconforming signs, billboards, commercial advertising structures, or statuary, and their supporting members, shall be completely removed from the premises not later than one year from the effective date of this title.

(1965 code Title XII, Ch. 3, § 15(I))

18.60.110 - Buildings or structures—Reconstruction—Repair.

Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of this title, wherein the expense of such reconstruction does not exceed fifty percent of the assessed value of the building or structure at the time such damage occurred. All such reconstruction shall be performed under one building permit, started within a period of one year from date of damage and diligently prosecuted to completion.

(1965 code Title XII, Ch. 3, § 15(L))

18.60.120 - Buildings or structures—Prior permit issuance.

Any building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, if construction is commenced within sixty days after the issuance of the permit and diligently prosecuted to completion.

(1965 code Title XII, Ch. 3, § 15(K))