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Nonconforming uses, structures, and parcels may be continued, transferred, or sold only in compliance with the provisions of this chapter.
(A) Nonconforming uses. A use of land and/or a structure that was legally established and has been maintained prior to the adoption or amendment of this title, but the use is no longer allowed in the applicable zoning district or the use has not been granted a permit(s) required by the applicable zoning district, or the use is not operated in conformance with applicable performance standards in the zoning code.
(B) Nonconforming structures. A structure or physical improvement that was legally constructed prior to the adoption or amendment of this Title or the city’s adopted design guidelines, but does not conform to the development standards in § 9-5.601 (Height and Area Regulations and Table).
(C) Nonconforming parcels/lots. A parcel that was legally created prior to the adoption or amendment of this zoning code, but does not comply with the current requirements for lot area, width, depth, or other applicable requirements of this zoning code.
(Ord. 2163-C-S, passed 3-12-19)
A nonconforming use and/or a nonconforming use of a structure may continue to exist, including transfers of ownership; provided, that its continuation shall comply with the requirements of this section.
(A) Nonconforming uses. A nonconforming use may be continued or replaced; provided, that:
(1) The use shall not be enlarged or expanded in size or capacity, or extended to occupy a greater area of land or building floor area than it legally occupied before it became nonconforming.
(2) The use shall not be intensified so that the hours of operation are extended, the number of employees are increased, the occupancy capacity is increased, the volume of traffic or noise generated by the use is increased, or a greater amount of parking is required.
(3) The use may be replaced with another nonconforming use of a similar classification or a less intensive use in compliance with division (A)(2) of this section.
(4) Nonconforming uses within a multi-tenant commercial or industrial center or complex may be established or replaced by another similar nonconforming use when the Director of Community Development finds:
(a) That the new nonconforming use is, as per Title 9, Ch. 5, Art. 38, a similar classification to or less intensive than the use previously allowed in the center or complex;
(b) That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and
(c) That the use of the entire center or complex has not been vacant or discontinued for a period of one year or more.
(5) An existing use that is authorized by a previously approved use permit, but is not allowed by the zoning code in its current location, may continue to exist in compliance with the original permit approval and shall be deemed nonconforming.
(6) A use lawfully existing without an administrative use permit or use permit that would be required by the title to have such a permit approval in compliance with Title 9, Ch. 5, Art. 38 shall be allowed to operate to the extent that it previously operated (e.g., maintains the same site area boundaries, hours of operation, etc.) and shall be deemed nonconforming.
(B) Nonconforming structures. A nonconforming structure may be expanded, enlarged, repaired and maintained as follows:
(1) Expansion and enlargement. Nonconforming structures may be enlarged or extended to occupy a greater area of land or building floor area; provided, that any expansion or enlargement complies with all applicable requirements of this zoning code and does not increase the degree of nonconformity.
(2) Repair, maintenance and additional improvements. A nonconforming single-family dwelling or duplex may be maintained and repaired at the discretion of the owner. Nonconforming multifamily and nonresidential structures may be maintained, repaired and improved as follows:
(a) Repairs, maintenance and additional improvements up to 50% of the value of the structure.
1. No structural alterations are allowed except as set forth in division (B)(3) of this section.
2. The cost of the work done during any 12-month period shall not exceed 50% of the value of the structure as determined by the building official in compliance with the applicable building code.
(b) Repairs, maintenance and additional improvements greater than 50% of the value of the structure. Repairs, maintenance and additional improvements performed within a 12-month period, having a total cost greater than 50% of the value of the structure, may be authorized through administrative use permit approval; provided, that the review authority finds that the work will be a benefit to the city and the surrounding area.
(3) Seismic retrofitting, building and fire code compliance. Repairs, alterations or reconstruction to reinforce unreinforced masonry structures necessary to comply with building code and fire code requirements shall be allowed; provided, that the work is exclusively to comply with applicable earthquake safety standards and the building code and fire code.
(4) For purposes of this division, the cost of any required foundation work shall not be counted within the 50% limitation.
(Ord. 2163-C-S, passed 3-12-19)
The nonconforming status of a use, structure or physical improvements shall terminate under the following conditions:
(A) Discontinuance.
(1) If the nonconforming use of land, a nonconforming use of a conforming structure, a conforming use of a nonconforming structure, or use of nonconforming physical improvements is discontinued for a continuous period of 365 calendar days or more, all rights to legal nonconforming status shall terminate.
(2) The Director of Community Development shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconformity, disconnected or discontinued utilities, or lack of business license, business receipts or records to document continued operation.
(3) Without further action by the city, any further use of the land, structure or physical improvements shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code and city-adopted design guidelines.
(B) Destruction. Except for single-family, duplex and multifamily structures as provided by § 9-5.3006(B), nonconforming status shall terminate if a nonconforming structure, conforming structure occupied by a nonconforming use or nonconforming physical improvements are involuntarily damaged or destroyed by earthquake, explosion, fire, or other calamity, except as follows:
(1) Less than 50 percent. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is 50% or less of the assessed value immediately before the involuntary damage, the structure or physical improvements may be restored to the same size, and the use continued as before; provided, that permits have been obtained and the restoration work is started within 12 months of the date of the damage, and the work is continuously pursued to completion within 12 months from the date building permits were issued. The Director of Community Development may extend these time limits if presented with evidence that there are external factors, such as insurance company payouts or hazardous material contamination, that prevent a property owner from proceeding with restoration within 12 months of the date of damage, as documented to the satisfaction of the Director of Community Development with evidence furnished by the applicant.
(2) Greater than 50 percent. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is greater than 50% of the assessed value immediately prior to the involuntary damage, neither the structure nor the physical improvement shall be reconstructed, repaired, or restored, except in conformity with the requirements of the applicable zoning district.
(Ord. 2163-C-S, passed 3-12-19)
(A) Legal building site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of the zoning code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director of Community Development with evidence furnished by the applicant.
(1) Approved subdivision. The parcel was created by a recorded subdivision;
(2) Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
(3) Variance or lot line adjustment. The parcel was approved through a variance procedure or resulted from a lot line adjustment; or
(4) Partial government acquisition. The parcel was created in compliance with the provisions of this zoning code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20% and the yard facing a public right-of-way was decreased not more than 50%.
(B) Subdivision or lot line adjustment.
(1) No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel.
(2) No subdivision or lot line adjustment shall be approved for a parcel that contains a nonconforming use on the parcel.
(Ord. 2163-C-S, passed 3-12-19)
(A) Historic structures. Nonconforming structures of historical significance may be altered or enlarged without conforming to the zoning district requirements, provided the historic structure is:
(1) Designated by the city as an historic site or structure as listed in the general plan;
(2) Designated as a California State Historic Landmark or a National Register Site; and
(3) Proposed to be altered or enlarged in such a way that once completed the entire structure represents an authentic replica of the original structure.
(B) Nonconforming residential structures.
(1) Nonconforming single-family, duplex and multifamily dwelling units that have been involuntarily damaged or destroyed by earthquake, explosion, fire, flood, wind, or other calamity, may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and square footage), provided:
(a) The applicant provides sufficient documentation supporting the claim that the damage or destruction occurred involuntarily;
(b) There is no expansion of the gross floor area or number of dwelling units;
(c) The replacement structure complies with the building code, and will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure; and
(d) A building permit is issued no later than 12 months after the date of destruction, and construction is diligently pursued to completion. The Director of Community Development may extend these time limits if presented with evidence that there are external factors, such as insurance company payouts or hazardous material contamination, that prevent a property owner from proceeding with restoration within 12 months of the date of damage, as documented to the satisfaction of the Director of Community Development with evidence furnished by the applicant.
(2) If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for a building permit.
(C) Nonconforming upon annexation. Nonconforming uses, structures, and/or physical improvements which lawfully exist on the date the property is annexed to the city, and which do not conform to this title and the city’s adopted design guidelines, may continue to exist and, upon annexation, shall be deemed nonconforming and subject to the provisions of this article.
(D) Approved uses, structures and physical improvements not yet established or constructed.
(1) A use, structure or physical improvements for which a planning or building permit was approved and issued, but not yet established or construction completed before the effective date of the ordinance codified in this article, may be completed, provided the work is diligently pursued to completion.
(2) If upon establishment or completion, a use, structure or physical improvements, referenced in division (D)(1) of this section, or parts thereof, are not in compliance with the zoning code, they shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this article.
(3) For the purpose of this section, the provisions of Title 8, Chapter 1 (Building Code) shall govern the determination of whether the permit has been exercised in a timely manner.
(Ord. 2163-C-S, passed 3-12-19)
(A) Violations. Uses, structures and physical improvements which do not comply with the applicable provisions of this zoning code when established are violations of this title and are subject to the regulations of this code.
(B) Continuance of public nuisances prohibited. The provisions of this chapter do not allow, and shall not be interpreted to allow, the continuance of a use, structure or physical improvement which is deemed a public nuisance, or which is prohibited or otherwise made unlawful, in whole or in part, by this code (including any adopted building code or fire code) or by laws enacted by the state or federal government which are applicable to the city.
(C) Enforcement. In the event that a nonconforming use, structure or physical improvement is found to constitute a public nuisance, appropriate action shall be taken by the city in compliance with the municipal code. Any violation of the zoning code can be deemed to be evidence of a public nuisance.
(Ord. 2163-C-S, passed 3-12-19)
ARTICLE 31: CONDOMINIUM CONVERSIONS
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