Sections:
16.32.010 Purpose.
16.32.020 Definitions.
16.32.030 Restrictions on Nonconforming Uses and Structures.
16.32.040 Single- and Multi-Family Dwelling Unit Exemptions.
16.32.050 Loss of Nonconforming Status.
16.32.060 Nonconforming Parcels.
16.32.070 Previous Conditional Use Permits in Effect.
16.32.080 Unlawful Uses and Structures.
16.32.090 Nuisance Abatement.
This chapter establishes uniform provisions for the regulation of legal nonconforming land uses, structures, and parcels. Within the zoning districts established by this development code, there exist land uses, structures, and parcels that were lawful before the adoption, or amendment of this development code, but that would be prohibited, regulated, or restricted differently under the terms of this development code or future amendments. It is the intent of this development code to discourage the long-term continuance of nonconformities, but to permit them to exist under the limited conditions outlined in this chapter. This chapter is intended to be administered in a manner that encourages the eventual abatement of nonconformities.
(Ord. 182 § 2 (part), 1997)
Nonconformities are defined as follows:
Nonconforming Parcels. A parcel of record that was legally created before the adoption of this development code and which does not comply with the access, area or width requirements of this development code for the zoning district in which it is located.
Nonconforming Structure. A structure that was legally constructed before the adoption of this development code and which does not conform to current Code provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.
Nonconforming Use. A use of a structure (either conforming or nonconforming) or land that was legally established and maintained before the adoption of this development code and which does not conform to the current provisions governing allowable land uses for the zoning district in which the use is located. Nonconformity Upon Annexation. A use, structure, or parcel that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this development code.
(Ord. 182 § 2 (part), 1997)
Nonconformities may be continued subject to the following provisions:
A. Nonconforming Uses of Land.
A nonconforming use of land may be continued, transferred, or sold, provided that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use (exception: see subsections (C)(1) and (E), below).
B. Nonconforming Structures. A nonconforming structure may continue to be used as follows:
1. Building Envelope Exemptions. Structures shall not be deemed nonconformities due solely to nonconformance with building envelope regulations (i.e., height or setback requirements);
2. Changes to a Structure. The addition, enlargement, extension, reconstruction, relocation, or structural alteration of a nonconforming structure, may be allowed by the director only if the director finds that the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming:
a. Incompatible with other structures in the neighborhood;
b. Inconsistent with the general plan or any applicable specific plan;
c. A restriction to the eventual/future compliance with the applicable regulations of this development code;
d. Detrimental to the health, safety and general welfare of persons residing in the neighborhood; and
e. Detrimental and/or injurious to property and improvements in the neighborhood.
3. Conversion of an Existing Residential Structure. The use of a preexisting residential structure for commercial or industrial purposes may be allowed with conditional use permit (16.52) approval, if the conversion, additions and improvements conform to the applicable provisions of this development code. The commission may approve a conditional use permit only if the following findings can be made, in addition to those contained in Section 16.52.040 (Findings and Decision).
4. Nonconforming Due to Parking. A nonconforming structure, rendered nonconforming due to lack of compliance with current standards for off-street parking, may undergo changes in compliance with Section 16.32.030(B)(2) (Changes to a Structure), above, subject to the following provisions:
a. Residential Uses. Additional parking spaces or driveway paving shall not be required provided the change does not result in an increase in the number of dwelling units nor the elimination of required/existing parking or access; or
b. Nonresidential Uses. Additional parking spaces or driveway paving may be required in compliance with 16.34 (Off-Street Parking and Loading Standards) and further provided the change does not result in the elimination of existing parking or access.
5. Maintenance and Repair. A nonconforming structure may undergo normal and necessary maintenance and repairs, provided no structural alterations are made, and the work does not exceed twenty-five (25) percent of the current appraised value of the structure as shown in the County Assessor's records in a one year period. The director may allow more extensive work only if the following findings can be made:
a. That the additional maintenance and repairs will not, in this case, adversely impact adjoining properties;
b. That the additional maintenance and repairs will not extend the expected life of the structure; and
c. That the additional maintenance and repairs will not be contrary to the public health, safety and general welfare.
6. Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including. State law (e.g., Title 24, California Code of Regulations, etc); and
7. Other Modifications Allowed. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed provided the modification(s) is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through closer conformity to surrounding structures with minor conditional use permit approval in compliance with 16.52.
C. Nonconforming Use of a Conforming Structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this development code may be continued, transferred, and sold, as follows, provided that no structural alterations, except those required by law, are made:
1. Expansion of Use. The nonconforming use of a portion of a conforming structure may be extended throughout other portions of the structure. However, an expansion shall not:
a. Be granted more than one time; nor
b. Exceed a maximum of ten percent of the total floor area of the structure before the expansion.
2. Relocation of Use. A nonconforming use located in a conforming structure may be relocated within the same structure or to an adjacent conforming structure(s) on the same parcel.
D. Prior Building Permits. A use or structure which does not conform to the regulations for the zoning district in which it is located, but for which a building permit, minor variance, variance, minor conditional use permit or conditional use permit, was issued and exercised before the applicability of this development code, may be completed, provided that the work is pursued continuously and without delay. These uses or structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this chapter. For the purposes of this section, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Time Extensions) shall govern the determination of whether the permit or entitlement has been legally exercised in a timely manner.
E. Accessory Structures for Non-Conforming Residential Uses.
Legal, non-conforming residential uses may construct new or replace accessory structures subject to compliance with the development and design standards contained in section 16.44.150 Residential Accessory Uses and structure Subsection (A).
(Ord. 492-14 Exhibit 10, 2014; Ord. 430-10 § 3, 2010; Ord. 215 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
Nonconforming single- and multi-family residential dwelling units damaged or destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s) using the same development standards applied to the damaged or destroyed structure(s) (e.g., building envelope and footprint standards). The new construction shall comply with the current building and fire code requirements.
(Ord. 182 § 2 (part), 1997)
A. Termination by Discontinuance.
1. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of at least one hundred eighty (180) days or more, rights to a legal nonconforming status shall terminate, regardless of the owner's intention to abandon.
2. The determination of abandonment shall be supported by evidence, satisfactory to the director (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation).
3. 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 this development code.
B. Termination by Destruction. If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be re-paired or rebuilt and reoccupied only as follows:
1. If the cost of repairing or replacing the damaged portion of the structure does not exceed fifty (50) per-cent of the current appraised value of the structure, as shown in the county assessor's records, 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
2. If the cost of repairing or replacing the damaged portion of the structure exceeds fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, a minor conditional use permit (16.52) shall be required to authorize the restoration of the structure and continue the use. The minor conditional use permit shall include a finding, in addition to those contained in Section 16.52.040 (Findings and Decision), that the benefit to the public health, safety or welfare exceeds a detriment inherent in the restoration.
(Ord. 182 § 2 (part), 1997)
A nonconforming parcel of record that does not comply with the access, area, or width requirements of this development code for the zoning district in which it is located, shall be considered a legal building site if it meets at least one of the criteria specified below. This section does not apply to parcels created by an approved undeveloped subdivision which do not meet the density, area and/or width requirements of the underlying zone, unless otherwise vested prior to the zone change or general plan amendment which rendered the subdivision map non-conforming. New development on nonconforming parcels shall conform to the current development standards established by this development code and other applicable city regulations. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:
A. Recorded Lot. A validly existing recorded lot prior to any general plan amendment or zone change which rendered such lot nonconforming.
B. 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;
C. Variance or Lot Line Adjustment. The parcel was approved through the variance procedure, in compliance with Chapter 16.72 or resulted from a lot line adjustment.
D. Partial Government Acquisition. The parcel was created in compliance with the provisions of this development code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size is decreased not more than twenty (20) percent and the yard facing a public right-of-way was decreased not more than fifty (50) percent.
(Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
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