Riverside City Zoning Code
ARTICLE XII
Non-Conformities
Section 400.940 General Provisions.
[R.O. 2011 §400.940; Ord. No. 2006-170 §1, 12-19-2006]
A.
Purpose. The purpose of this Article is to establish regulations that govern uses, structures, lots and other current circumstances that existed legally prior to the effective date or amendment of this Chapter, but that do not conform to all of the applicable requirements of this Chapter. Such instances shall be considered legal non-conformities.
B.
Policy. It is the general policy of the City to allow legal non-conformities to continue to exist, but to bring as many aspects of such situation into conformance with this Chapter as is reasonably practicable. It is the intent of the City to recognize the interests of the property owner in continuing to use the property, but to prohibit the expansion of the non-conformity and to prohibit re-establishment of abandoned uses and to prohibit re-establishment of buildings and structures that have been substantially destroyed.
C.
Authority To Continue. Legal non-conformities shall be allowed to continue in accordance with the regulations of this Article.
D.
Determination Of Legal Non-Conforming Status. The burden of establishing that a non-conformity legally exists is to the property owner and not the City.
E.
Repair And Maintenance. Repairs and normal maintenance required to keep non-conforming structures in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Article or required by law.
F.
Change Of Tenancy Or Ownership. Changes of tenancy, ownership or management of an existing non-conformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such non-conformity.
Section 400.950 Legal Non-Conforming Uses.
[R.O. 2011 §400.950; Ord. No. 2006-170 §1, 12-19-2006]
A.
Legal non-conforming uses shall be subject to the following standards.
1.
Expansion. A legal non-conforming use shall not be expanded or enlarged to occupy a greater area of land or floor area than was occupied prior to the effective date or amendment of this Chapter and no additional accessory use, building or structure shall be established on the site of a legal non-conforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was legally and manifestly designed or arranged for such use prior to the effective date or amendment of this Chapter.
2.
Relocation. A legal non-conforming use shall not be moved in whole or part to any other portion of such parcel or to another lot unless the use will be in conformance with the regulations of the zoning district into which it is moved.
3.
Change of use. A legal non-conforming use may be changed to a new use, provided the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing legal non-conforming use. The Director of Community Development shall make the initial determination of whether a proposed use is of the same general character or of a character less intensive than the existing use with an appeal to the Board of Zoning Adjustment. A legal non-conforming use may not thereafter be changed back to a less conforming use than it was changed from.
[Ord. No. 1671, 7-16-2019]
4.
Discontinuance and abandonment. If a legal non-conforming use ceases for any reason for a period of six (6) consecutive months, it shall not thereafter be resumed and the subsequent use of the land shall conform to the regulations of the zoning district that such land is located.
5.
Residential uses. Any structure that is devoted to a legal non-conforming residential use, provided there are not more than four (4) dwelling units, may be reconstructed to its former condition, dimensions and location on the lot, provided the destruction was caused by an accident or act of nature and the reconstruction does not increase the degree of non-conformity that existed prior to the destruction. Reconstruction must commence within one (1) year of destruction. If such reconstruction does not commence within the stated time frame, the non-conformity shall be considered abandoned and the subsequent use of the land shall conform to the regulations of the zoning district that such land is located.
6.
Sale of used motor vehicles. Any person or firm who obtained a special use permit prior to the effective date of this Chapter to allow the sale of used motor vehicles in the "C-1" District may continue to operate the business as a legal non-conforming use. However the special use permit shall be revoked if any of the following occur:
a.
The special use permit expires.
b.
The person or firm is in violation of this Chapter or any condition of the special use permit approval.
c.
The permit holder becomes deceased provided that the executor or administrator of the estate of a deceased permit holder may continue the business under the order of an appropriate court for not longer than six (6) months after the death of the permit holder.
Section 400.960 Legal Non-Conforming Structures.
[R.O. 2011 §400.960; Ord. No. 2006-170 §1, 12-19-2006]
A.
Legal non-conforming structures shall be subject to the following standards.
1.
Expansion. A legal non-conforming structure shall not be expanded, enlarged or extended.
2.
Relocation. A legal non-conforming structure shall not be moved in whole or part to any other portion of such parcel or to another lot unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations.
3.
Damage or destruction.
a.
In the event that any legal non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored unless it shall conform with all regulations of the zoning district that it is located.
b.
When such damage or destruction is fifty percent (50%) or less, the legal non-conforming structure may be restored, provided a building permit is obtained within six (6) months from the time of such damage or destruction and restoration is completed within one (1) year after the date the building permit was issued. The time limit may be extended at the discretion of the Director of Community Development.
[Ord. No. 1671, 7-16-2019]
4.
Existing building permits. Nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building for which a building permit has been issued and plans for which are on file with the City prior to the effective date or amendment of this Chapter.
Section 400.970 Legal Non-Conforming Lots.
[R.O. 2011 §400.970; Ord. No. 2006-170 §1, 12-19-2006]
A.
Legal non-conforming lots shall be subject to the following standards.
1.
A legal non-conforming lot shall not be used or sold in a manner that would increase its degree of non-conformity.
2.
A structure may be constructed on any single legal non-conforming lot, provided that all other requirements of the zoning district within which the lot is located are complied with and all appropriate permits are obtained prior to any construction activity.
Section 400.980 Other Legal Non-Conformities.
[R.O. 2011 §400.980; Ord. No. 2006-170 §1, 12-19-2006]
A.
Applicability. The types of other legal non-conformities that this Section applies to include, but are not limited to:
B.
Expansion Or Change Of Use. Where an expansion, addition or change of use is proposed, the entire lot shall be brought into conformance with current requirements of this Chapter as to fences, landscaping and buffering, off-street parking and other non-use and non-property dimension standards.
Section 400.990 Non-Conformities Created by Public Action.
[R.O. 2011 §400.990; Ord. No. 2006-170 §1, 12-19-2006]
When lot area or setbacks are reduced as a result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum standard for the district that it is located, then such lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Chapter without resort to the Board of Zoning Adjustment.