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This chapter establishes uniform provisions for the regulation of legal nonconforming structures, land uses, and parcels. Within the zoning districts established by these Regulations, there exist structures, land uses, and parcels that were lawful prior to the adoption or amendment of these Regulations, but which would be prohibited, regulated, or restricted differently under the terms of these Regulations or future amendments. It is the intent of these Regulations, as amended, to discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under the limited conditions outlined in this chapter. Generally, this chapter is intended to be administered in a manner which encourages the eventual abatement of these nonconformities.
(Ord. 2185)
Nonconformities are defined as follows:
A. Nonconforming Use. A use of a structure or land that was legally established and maintained prior to the adoption of these Regulations and which does not conform to these Regulations governing allowable land uses for the zoning district in which the use is located.
B. Nonconforming Structure. A structure that was legally constructed prior to the adoption of these Regulations and which does not conform with the development standards of these Regulations.
C. Nonconforming Site Improvements. Parking and maneuvering areas, pedestrian walkways, landscaping areas, and similar site improvements which were legally constructed or installed prior to the adoption of these regulations and which do not conform with the development standards of these Regulations.
D. Nonconforming Parcels. A parcel of record that was legally created prior to the adoption of these Regulations and which does not comply with the access, area, or width requirements of these Regulations for the zoning district in which it is located.
E. Nonconformity Upon Annexation. Nonconformities shall include a structure, use, or parcel legally existing and located in the unincorporated territory and which, upon annexation to the City, does not comply with the provisions of these Regulations.
F. Nonconforming Parking Capacity. The number of off-street parking spaces and/or loading spaces provided for a land use or structure legally existing prior to the adoption of these Regulations that do not conform with these Regulations shall be legally nonconforming. Such existing land use or structure shall not be determined to be nonconforming solely because of a lack of off-street parking and/or loading spaces required by these Regulations (Chapter 19.70 (Parking and Loading Standards)). Parking capacities on sites with non-conforming parking capacity shall not be further reduced unless approved for a parking reduction or other alternative in compliance with Chapter 19.70 (Parking and Loading Standards).
(Ord. 2185)(Ord. 2435 §11)(Ord. 2519 §2)
A. Continuance of Nonconforming Uses. A nonconforming use of land may be continued, transferred, or sold, provided that the nonconforming status has not been lost pursuant to terms in Section 19.08.040 (Loss of nonconforming status).
B. Change of a Nonconforming Use. Notwithstanding any other provision of this chapter, the Director may grant an administrative use permit, in compliance with Chapter 19.25 (Administrative Use Permits), to authorize a nonconforming use to change in the following manner:
1. Substitution of Use. A nonconforming use may be changed to a use of the same or a less-intensive/more-restricted nature; and/or
2. Relocation of Use. A nonconforming use within a structure may be relocated elsewhere within the structure.
Approval of a substitution or relocation of a nonconforming use shall be subject to the additional finding that the proposed non-conforming use is of the same or lesser intensity than the previous nonconforming use (e.g., fewer employees, reduced storage capacity or floor area, reduced hours of operation, etc.).
C. Intensification of a Nonconforming Use. Notwithstanding any other provision of this chapter, the Zoning Administrator or Commission may grant a use permit, in compliance with Chapter 19.24 (Use Permits), to authorize an intensification or expansion of a nonconforming use. Exception is provided for non-conforming single-family residential uses involving a conforming addition to a non-conforming single-family residential use shall not be considered an intensification.
(Ord. 2519 §3)
A. Continuance of Nonconforming Structures or Site Improvements. A nonconforming structure or site improvements may be modified as follows:
1. Maintenance and Repair. A nonconforming structure or site improvements may undergo normal/necessary maintenance, repairs, and structural alterations that do not increase the degree of nonconformities.
2. Seismic Retrofitting or Other Work for Safety/Health/Building Code Compliance. All repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures in compliance with building code requirements shall be permitted, provided the retrofitting/code compliance is limited exclusively to compliance with earthquake safety standards and all other applicable building code requirements, including Title 24, California Code of Regulations. Reconstruction or alteration of site improvements to improve accessibility as required under applicable state and federal law shall be permitted.
3. Conforming Expansion. New additions, alterations or expansions fully conforming to these Regulations shall be allowed for existing nonconforming structures or site improvements.
4. Nonconforming Changes to Structure or Site Improvements. The addition, enlargement, extension, reconstruction, relocation, or structural alteration of a nonconforming structure or site improvements which do not conform to these Regulations may be allowed with an administrative use permit approval, in compliance with Chapter 19.25 (Administrative Use Permits) and subject to the additional finding that the project is an adaptive reuse of existing structure and promotes sustainable economic development within the City. The exterior limits of new construction shall not exceed the height of the existing structure limit nor encroach any further into the setbacks than the comparable portions of the existing structure or site improvements.
(Ord. 2185)(Ord. 2435 §12)(Ord. 2519 §4)
A. Termination by Discontinuance. Termination of legal nonconforming status shall be lost in the following events if a nonconforming use of land, structure or site improvement, or a nonconforming use of a conforming structure is discontinued where:
1. For a continuous period of one year or more, owner has ceased nonconforming use regardless of the owner's intention to recommence the use, all rights to continue the nonconforming use shall terminate.
2. For a continuous period of less than one year where the use has been converted to a conforming use, all rights to the nonconformity shall terminate upon new use.
Without further action by the City, further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of these Regulations.
B. Termination by Destruction. Termination of legal nonconforming status by damage or destruction shall be addressed as follows:
1. If a conforming structure with a nonconforming use is damaged, or destroyed, the right to rebuild the structure with a conforming use shall be allowed.
2. If a conforming structure with a nonconforming use is damaged or destroyed, the right to continue except as follows:
a. If the repair or replacement of the damaged portion of the structure does not exceed 50 percent of the total square footage of the structure, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and
b. If the repair or replacement of the damaged portion of the structure exceeds 50 percent of the total square footage of the structure prior to damage or destruction, a use permit (Chapter 19.24) shall be required to authorize the restoration of the structure and continuation of the use. The use permit shall include a finding, in addition to those contained in Section 19.24.040 (Decision and findings), that the benefit to the public health, safety, or welfare exceeds any detriment inherent in the restoration, repair or replacement.
3. If a nonconforming structure is damaged or destroyed, the right to continue occupancy of the nonconforming structure shall cease; except as follows:
a. If the repair or replacement of the damaged portion of the structure does not exceed 50 percent of the total square footage of the structure, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and
b. If the repair or replacement of the damaged portion of the structure exceeds 50 percent of the total square footage of the structure prior to damage or destruction, a use permit (Chapter 19.24) shall be required to authorize the restoration of the structure and continuation of the use. The use permit shall include a finding, in addition to those contained in Section 19.24.040 (Decision and findings), that the benefit to the public health, safety, or welfare exceeds any detriment inherent in the restoration, repair or replacement.
(Ord. 2185)(Ord. 2519 §5)
A nonconforming parcel of record that does not comply with the access, area, or width requirements of these Regulations for the zoning district in which it is located shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:
A. Approved Subdivision. The parcel was created through a recorded subdivision map or a certificate of compliance;
B. Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the land use regulation that made the parcel nonconforming;
D. Partial Government Acquisition. The parcel was created in compliance with the provisions of these Regulations, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size was decreased not more than 20 percent and the yard facing any public right-of-way was decreased not more than 50 percent.
Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area, setbacks, and/or frontage below the requirements of the applicable zoning district or other applicable provisions of these Regulations, or in any way that makes the use of the parcel more nonconforming.
(Ord. 2185)
Any use existing at the time of adoption or amendment of these Regulations, in any zoning district that allows the use subject to the granting of a use permit, shall be deemed a conforming use if there is no use permit, but only to the extent that the use previously existed, including maintaining the same site area boundaries and hours of operation. Any expansion or change in the intensity shall follow procedures set forth in the previous sections.
(Ord. 2185)(Ord. 2435 §13)(Ord. 2519 §6)
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