A. As used in this chapter, "nonconformity" means a land use or structure that:
1. Existed or was lawfully under construction on the effective date of the ordinance that first adopted this title as the Planning and Development Code of the City of Sacramento, or existed prior to that date and became vacant or unoccupied less than one year prior to the effective date of the ordinance codified in this chapter; and
2. Was legal immediately prior to the effective date of the ordinance that first adopted this title as the Planning and Development Code of the City of Sacramento; and
3. Does not conform to a provision contained in this chapter.
B. A nonconformity may be continued subject to the provisions of this subsection. Existing incompatible land uses may continue; however, no incompatible land use may be changed to another incompatible land use. No incompatible land use, building, or structures may be expanded, except single-unit dwelling detached residences and schools that would increase in capacity by less than one-third.
C. A nonconformity shall not be expanded, enlarged, or changed to another use prohibited by this chapter except as provided in subsection E; only repairs that are part of normal, necessary maintenance and construction activity not likely to facilitate expansion, enlargement, or change in use of the nonconformity are permitted.
D. The cessation of the use of a nonconforming structure or nonconforming land use for a period of one year, commencing on or after the effective date of the ordinance codified in this chapter, terminates all rights in the nonconformity. This subsection does not apply to single-unit dwellings.
E. Permitted changes in nonconformities.
1. No incompatible land use, building, or structure may be expanded, except:
a. Single-unit dwelling detached residences; and
b. Schools that would increase in capacity by less than one-third.
2. If any incompatible land use, building, or structure is damaged and the damage exceeds 50 percent of the value of the use, building, or structure, any subsequent land use must be in conformity with this chapter, except the following:
a. Single-unit dwelling detached residences;
b. Schools; and
c. A nonconforming structure or a structure devoted to a nonconforming use, may be rebuilt even though the cost of reconstruction is greater than 50 percent of the replacement value of the structure immediately prior to the damage if the nonconforming structure, or any expansion or modification of that structure, was authorized by a city approval of discretionary entitlements given within two years of the date of damage. Pursuant to this provision, a nonconforming structure or structure devoted to a nonconforming use may be rebuilt to its previously approved size without any further discretionary entitlements.
F. Discretionary changes in nonconformities.
1. Notwithstanding subsection E, a property owner may submit a written application requesting authorization to expand or enlarge a nonconformity, or to reconstruct a structure for a similar or less intensive nonconforming use.
2. The procedure applicable to a conditional use permit in chapters 17.800 and 17.808 govern the application except as provided in subsection F of this section.
3. The planning and design commission, and the city council on appeal, may grant or conditionally grant a request submitted pursuant to this subsection F only after finding that either:
a. Under the circumstances of the particular case the benefit to the public health, safety, and welfare outweighs any detriment inherent in such change; or
b. That the literal application of the provisions of this chapter will result in practical difficulties or unusual hardships for the property owner that outweigh the public purposes articulated in section 17.312.010.
4. Approval or conditional approval of a request submitted pursuant to subsection F, may occur notwithstanding noncompliance with any finding mandated in section 17.808.020. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)