San Luis Obispo City Zoning Code
ARTICLE 5
Nonconformities
17.92.010 Intent.
A structure which lawfully existed on the effective date of applicable sections of the ordinance codified in this title, but which does not comply with one or more of the property development standards for the zone in which it is located, is a “nonconforming structure.” This chapter is intended to provide for the correction or removal of such structures as soon as practical, but not unduly encumber maintenance and continued use of otherwise sound structures. (Ord. 1650 § 3 (Exh. B), 2018)
17.92.020 Limits on reconstruction—Exceptions.
A. A nonconforming structure that is involuntarily damaged to an extent of seventy-five percent or more of its replacement cost immediately prior to such damage, as determined by the chief building official, may be restored only if made to conform.
B. Notwithstanding subsection A of this section, nonconforming residences in the R-1, R-2, R-3, R-4, O, C-N, C-C, C-R, C-T, C-D, and C/OS zones that have been involuntarily damaged to an extent of seventy-five percent or more of their replacement value cost immediately prior to such damage, as determined by the chief building official, may be rebuilt at the same density and up to the same size under the following circumstances:
1. All construction must conform to current building codes, zoning regulations, and design guidelines, except that the previously existing number of dwelling units and size of buildings will be allowed.
2. A building permit for the replacement structure(s) must be obtained within three years of the date of the damage or destruction.
3. Exceptions to the above provisions may be granted by the director for historic structures designated as such in any list or plan element adopted by the city, or for buildings that are over fifty years old where the existing building and any proposed additions or modifications are consistent with the historic preservation guidelines and community design guidelines, as determined by the director.
4. Notwithstanding the above provisions, application for replacement structures of the same density and size may be denied if the director makes one of the following findings:
a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons living or working in the neighborhood.
b. The reconstruction, restoration, or rebuilding will be detrimental or injurious to property and improvements in the neighborhood.
c. There no longer exists a zone in which the existing nonconforming use is permitted.
C. Changes to interior partitions or other nonstructural improvements and repairs may be made to a nonconforming building. However, demolition, as defined in Section 17.158.012 (D Definitions), and reconstruction shall be permitted only if the structure is made to conform.
D. The value of additions allowed pursuant to subsections (F)(1) and (F)(2) of this section shall be excluded from calculation of replacement cost of the nonconforming structure.
E. Decisions of the chief building official regarding replacement cost may be appealed to the council.
F. Additions to nonconforming structures that further the intent of this chapter may be permitted through a director’s action, subject to a finding of consistency with the intent of this chapter as follows:
1. Additions conform to current building codes, zoning regulations, and design guidelines, where the addition and associated modifications do not result in demolition of the existing structure, as defined in Section 17.158.012 (D Definitions).
2. The director may allow certain setbacks to be reduced to zero in some instances for minor additions to existing legal nonconforming structures (see Section 17.70.170(D)(2)(d)). (Ord. 1705 § 54, 2021; Ord. 1657 § 20, 2019; Ord. 1650 § 3 (Exh. B), 2018)
17.92.030 Large-scale retail establishments.
Sections 17.26.030, 17.30.030, 17.32.030, 17.34.030, and 17.36.030 establish limits on the size of large-scale retail commercial buildings. When an otherwise lawful retail establishment existed on the effective date of the size limits, such structure shall be considered a development nonconformity but may be continued, structurally altered, repaired, or reconstructed so long as it is not increased, extended, or enlarged beyond the gross floor area of the building that existed on that date. To the extent practicable, the design guidelines for large-scale retail projects shall be applied to any alteration, reconstruction or repair that takes place after the effective date of the size limits. (Ord. 1650 § 3 (Exh. B), 2018)
17.94.010 Definition and intent.
A nonconforming use is one which was legally established on the effective date of applicable sections of this title but which is not now an allowed or conditionally allowed use in the zone in which it is located. The intent of these regulations is to prevent the expansion of nonconforming uses, establish the circumstances under which they may be continued, and provide for their removal or change to a conforming use as soon as practical. (Ord. 1650 § 3 (Exh. B), 2018)
17.94.020 Regulations.
A. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal, nonconforming status.
B. A nonconforming use may be continued and a nonconforming use may be changed to another nonconforming use, provided:
1. A nonconforming use which ceases for a continuous period of twelve months shall lose its nonconforming status and the premises on which the nonconforming use was located shall from then on be used for conforming uses.
2. A nonconforming use may be replaced with another nonconforming use through approval via the director’s hearing process. In granting such approval, the director shall find that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand, hours of operation and visual incompatibility. The applicant shall submit evidence of the date when the original nonconforming use was established.
3. A nonconforming single-unit dwelling used as a residence may be continued and added to consistent with the standards of the R-1 zone, including establishment of an accessory dwelling unit.
C. A lot occupied by a nonconforming use may be further developed by the addition of conforming uses and structures via the director’s hearing process.
D. For uses located in the east airport annexation area of the airport area specific plan, “office-government” uses in existence at the time of annexation will not be subject to the provisions of subsection (B)(1) of this section and the community development director may permit a similar nonconforming “office-government” use to be established even if the prior nonconforming use has ceased for more than twelve months, subject to the process and findings set forth in subsection (B)(2) of this section. (Ord. 1681 § 2, 2020; Ord. 1650 § 3 (Exh. B), 2018)
17.94.030 Nonconforming parking.
Nonconforming parking is addressed in Section 17.72.060 (Nonconforming Parking). (Ord. 1650 § 3 (Exh. B), 2018)
17.96.010 Intent.
A lot having less area, width, depth, or frontage than required by the subdivision regulations, as set forth in Title 16, for the zone in which it is located, but which was lawfully created prior to the effective date of regulations requiring such greater area or dimension, shall be considered a nonconforming lot. These regulations are intended to provide for the reasonable use of such nonconforming lots consistent with other standards adopted to protect the public health, safety and general welfare. (Ord. 1650 § 3 (Exh. B), 2018)
17.96.020 Regulations.
A. If a nonconforming lot has been held in common ownership with any contiguous property at any time since November 18, 1977, and it otherwise meets the requirements for parcel merger under Government Code Section 66451.11, it may not be individually developed. The area within such a lot may be developed only after it has been merged with contiguous property or otherwise resubdivided in conjunction with the contiguous property to create one or more conforming parcels or one parcel which more nearly conforms.
B. In an R-1 or R-2 zone, the merger or resubdivision requirements set forth in subsection A of this section shall not apply to a nonconforming lot and contiguous commonly owned property where each of the parcels has an area, width, depth, and frontage equal to at least eighty percent of the minimum required in the subdivision regulations (Title 16).
C. If a nonconforming lot has not been held in common ownership with any contiguous property since November 18, 1977, it may be individually developed.
D. Property development standards of the applicable zone shall apply to nonconforming lots. However, the density standards shall not prevent construction of a single dwelling unit where otherwise permitted by this chapter. (Ord. 1650 § 3 (Exh. B), 2018)