(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)