(A) Purpose - The purpose of this section is to address nonconforming buildings and uses in the coastal zone in order to promote the public health, safety and general welfare, and to bring such buildings and uses into conformity with the goals and policies of the Oxnard coastal land use plan. This chapter is intended to prevent the expansion of nonconforming buildings and uses, establish the circumstances under which they may be continued, and provide for the removal, correction or change of such buildings and uses.
(`64 Code, Sec. 37-4.6.1)
(B) Nonconforming buildings - A legal nonconforming building is a structure which lawfully existed when constructed, but by reason of changes to the city code fails to conform to the present requirements of the subject zoning district.
(`64 Code, Sec. 37-4.6.2)
(C) General requirements -
(1) A nonconforming building which is damaged to the extent of one-half or more of its replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this chapter. The replacement cost shall be determined by the city building official, whose decision may be appealed to the city council.
(2) Changes to interior partitions, or other nonstructural improvements and repairs, may be made to a nonconforming building.
(3) Structural elements may be modified if the building official determines such modification is immediately necessary to protect the health and safety of the public or occupants of the nonconforming building or adjacent property.
(4) Exterior modifications or additions to nonconforming buildings used for residential, commercial or industrial purposes may be permitted providing the following conditions are met:
(a) The modification or addition does not increase the degree of nonconformity by extending horizontally or laterally any structural nonconformity.
(b) The modification or addition does not increase the requirement for off-street parking.
(5) A development review permit may be granted for additions or modifications to buildings that are used for commercial or industrial purposes and that are nonconforming due to setbacks or parking, provided that the addition or modification meets the parking and other standards of this chapter.
(`64 Code, Sec. 37-4.6.3)
(D) Nonconforming uses - A legal nonconforming use is a use that lawfully existed when instituted, but which the city code does not now permit or conditionally permit in the zone in which the use is located.
(`64 Code, Sec. 37-4.6.4)
(E) General requirements -
(1) Change of ownership, tenancy or management of a nonconforming use shall not affect the nonconforming status of a use.
(2) A nonconforming use may be continued, provided that a nonconforming use which ceases for a continuous period of six months shall lose its nonconforming status, and the premises on which the nonconforming use was located shall from then on be used for conforming uses only.
(3) A lot occupied by a nonconforming use may be further developed by the addition of conforming uses and structures pursuant to the granting of a modification permit.
(4) Any nonconforming use which is nonconforming only because of the absence of a city-approved permit shall be deemed a conforming use upon securing such permit.
(5) Any nonconforming use may be changed to a conforming use provided that all applicable permit requirements and standards of this chapter are satisfied. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed.
(`64 Code, Sec. 37-4.6.5)
(F) Nonconforming lots - Any lot, the area, dimension or location of which was lawful when created, but which does not conform to the present requirements of the zoning district, shall be considered buildable for the purposes of this chapter.
(`64 Code, Sec. 37-4.6.6)
(Ord. No. 2034, 2716)