(A) Intent.
1. Within the districts established by this section or amendments that may be adopted there exist lots, structures and uses of land and structures which were lawful before this section was passed or amended, but which would be prohibited, regulated or restricted under the terms of this section.
2. It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this section to be incompatible with permitted uses in the districts involved. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
3. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this section by the addition of other uses of a nature which would be prohibited generally in the district involved.
4. To avoid undue hardship, nothing in this section shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this section and upon which actual building construction has been diligently carried on.
ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(B) Nonconforming lots of record; single-family dwellings.
1. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this section, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this section. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width and yard requirements shall be obtained only through action of the Planning Commission.
2. In any district in which single-family dwellings are permitted, lots that are 25 feet or less exist with continuous frontage in single ownership of record at the time of the passage or amendment of this section, and if all or part of the lots do not meet the requirements for lot width and area as established by this section, the lands involved shall be considered to be an undivided parcel for the purposes of this section, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this section for single-family homes, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this section.
(C) Nonconforming uses of land. Where, at the effective date of adoption or amendment of this section, lawful use of land exists that is made no longer permissible under the terms of this section as enacted or amended, such may be continued, so long as it remains otherwise lawful, subject to the following provisions.
1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this section.
2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this section.
3. If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this section for the district in which such land is located.
(a) Nonconforming agricultural uses. Due to the nature of agricultural activities, use of agricultural land may cease for six months or more in the normal course of farming. If the legal nonconforming use status of a property used for agriculture is lost due to its inactivity for six months, the property owner may apply for a conditional use permit, pursuant to § 5-6-9 of this chapter, seeking to continue the use of the property for agriculture as a legal nonconforming use.
(b) Findings. Prior to granting a conditional use permit to continue a legal nonconforming agricultural use within the city, the Planning Commission must make the findings required in § 5-6-9(I)3. of this chapter. The Planning Commission must also find that:
(1) The applicant has provided substantial evidence to establish that the subject property described in the permit application was used for agricultural purposes, as a legal nonconforming use, within the two years preceding the application date; and
(2) The granting of a conditional use permit to allow agricultural use of the land described in the permit application will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity.
4. Failure to comply with all applicable parking, loading and street improvement requirements for the use shall make that use nonconforming.
(D) Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this section that could not be built under the terms of this section by reason of restriction on area, lot coverage, height, yards, parking and loading, street improvements, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
1. No such structure may be enlarged or altered in any way unless such enlargement or alteration brings the structure into conformity with the regulations for the district in which the structure is located.
2. Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, the city shall allow the residential property owner to rebuild one time. If the property is destroyed again, the property owner must receive written authorization from the City Council if it is going to be rebuilt.
3. Should such structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(E) Nonconforming uses of structures or of structures and premises in combination. If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this section that would not be allowed in the district under the terms of this section, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
1. No existing structure devoted to a use not permitted by this section in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure in which it is located.
2. A nonconforming use may be extended throughout any part of a building (whether or not such part was obviously arranged or designed for such nonconforming use at the time of the amendment of this section) provided a use permit is first secured for the entire nonconforming use. In no event shall such nonconforming use be extended to occupy any land outside such building.
3. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to any nonconforming use provided that the Planning Commission, by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accordance with the provisions of this section.
4. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
5. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
6. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
7. Failure to comply with all applicable parking, loading and street improvement requirements for the use shall make that use nonconforming.
(F) Repairs and maintenance/cost limitations. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent the cost of such repairs do not exceed 25% of the appraised fair market value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this section shall not be increased.
(G) Exclusions.
1. Any health related repairs, such as removal of lead based paint, asbestos or mold; repairs necessary for fire safety and other safety features; repairs recommended by the city building inspector as necessary to correct building code violations; and, repairs necessary to accommodate special needs circumstances for the elderly or handicapped, such as shower fixtures, ramps, security screen doors, additional exterior lighting and the like shall be excluded from pertaining to the cost limitations of this section. Such exclusions shall be at the discretion of the city.
2. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located, unless the cost of the repairs required to be made within the time period specified by the duly authorized official will not exceed the cost limitation in subsection (F) of this section and unless no structural alterations are required to be made to the building.
(H) Use permits. A use permit shall be required for all nonconforming expansion projects in any commercial and/or residential district. Property owners of nonconforming structures applying for low interest housing rehabilitation loans, such as the community development block grant (CDBG), shall be subject to the use permit process for discretionary review of their expansion projects. See § 5-6-9, Use Permits, Temporary and Conditional, of this chapter.
(I) Appeal hearing:. If the property owner is dissatisfied with the decision taken by any duly authorized official pursuant to the subsections (A) through (H) of this section, he or she must file a written appeal within ten days of the decision of the duly authorized official to the City Council. The City Council shall set a date for a public hearing and give notice to the duly authorized official of such appeal. The City Council shall render its decision within 30 days of said public hearing.
(J) Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.
(Ord. 590, passed 7-5-2011)