Zoneomics Logo
search icon

West Covina City Zoning Code

ARTICLE V

- NONCONFORMING BUILDINGS AND USES

Sec. 26-181.- Nonconforming use limits other uses.

While a nonconforming residential use exists on any lot, no new use may be established thereon, even though such new use would be a conforming use.

(Code 1960, § 10401; Ord. No. 1333, § 1, 4-25-77)

Sec. 26-182. - Nonconforming use of conforming building.

The nonconforming use of a conforming building existing at the time Ordinance No. 325 took effect (July 28, 1954) may be continued; provided such nonconforming use shall not be expanded or extended into any other portion of the conforming building, and if such nonconforming use is discontinued, any future use of such building shall conform to the provisions of this chapter.

(Code 1960, § 10401.01; Ord. No. 1333, § 1, 4-25-77)

Sec. 26-183. - Nonconforming use of a nonconforming building.

The nonconforming use of a nonconforming building may be continued but may not be expanded or extended within such building.

(Code 1960, § 10401.02; Ord. No. 1333, § 1, 4-25-77)

Sec. 26-184. - Change in status of nonconforming use.

If a nonconforming use is discontinued for a period of six (6) months or is succeeded by another and conforming use, it is evidence that the nonconforming use has ended and any vested right to the continuance of such use is terminated.

(Code 1960, § 10401.03; Ord. No. 1333, § 1, 4-25-77)

Sec. 26-185. - Nonconforming buildings.

A nonconforming building shall not be expanded without the approval of a precise plan that would render said building conforming, except single-family residential buildings used for single-family purposes and located in multiple family or nonresidential zones. Expansion of such buildings shall be allowed if the building and expansion conform to all applicable R-1 zone development standards.

(Code 1960, § 10401.04; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1878, § 2, 5-13-91)

Sec. 26-186. - Reconstruction of nonconforming building, sign, or structure partially destroyed.

(a)

Except as set out in (b) below, or as otherwise allowed by law, a nonconforming building, sign, or other structure which is destroyed to the extent of no more than fifty (50) percent of its reasonable replacement value at the time of its destruction may be restored and the occupancy or use of such building, sign, or other structure

which existed at the time of such partial destruction may be continued subject to all other provisions of this article.

(b)

A single-family structure which is nonconforming in size and is completely or partially destroyed may be restored to the floor area which existed at the time of its destruction.

(Code 1960, § 10401.05; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1878, § 2, 5-13-91; Ord. No. 1981, § 2, 12-17-96; Ord. No. 2030, § 4, 4-20-99)

Sec. 26-187. - Nonconforming uses and nonconforming buildings resulting from reclassification.

The foregoing provisions of this article shall apply to buildings, land and uses which hereafter become nonconforming due to any reclassification of zones under this chapter.

(Code 1960, § 10401.06; Ord. No. 1333, § 1, 4-25-77)

Sec. 26-188. - Public acquisition.

Whenever any lot, any building, any structure or any use is rendered nonconforming within the meaning hereof solely by reason of:

(1)

Dedication to, or purchase by, the city for any public purpose; or

(2)

Eminent domain proceedings,

which result in the acquisition by the city of a portion of such property, the same shall not be deemed nonconforming within the meaning of this article; provided, however, that, if, subsequent to such acquisition, the buildings and/or structures located upon such lot are wholly destroyed, no reconstruction shall take place unless compliance is had with all applicable provisions of this chapter. In the event however, subsequent to such acquisition, the buildings and/or structures located upon such lot are destroyed to the extent of not more than fifty (50) percent of their reasonable replacement value at the time of their destruction, the provisions of section 26-186 of this chapter shall apply to any reconstruction of said buildings and/or structures.

(Code 1960, § 10401.07; Ord. No. 1397, § 1, 9-11-78; Ord. No. 1413, § 1, 11-27-78)

Sec. 26-189. - Nonconforming roominghouses.

All roominghouses, including those uses previously identified or defined as "boardinghouse" or "lodging house" (as defined in provisions of this chapter 26), which lawfully exist, but are nonconforming to the Municipal Code of the City of West Covina, may continue; provided no structural alterations are made thereto; and further provided that such nonconforming use shall be discontinued no longer than one (1) year from December 21, 2006, unless within sixty (60) days prior to December 21, 2007, the owner or operator of the roominghouse, including a "boardinghouse" or "lodging house" as previously identified and defined in this chapter 26, files an application for a conditional use permit pursuant to division 3 of chapter 26 of the Municipal Code of the City of West Covina Municipal Code. In order for a roominghouse to continue to operate within any residential zones the operator must have obtained a conditional use permit.

(Ord. No. 2156, § 3(Exh. A), 11-21-06)