A structure which lawfully existed prior to the effective date of this Development Code is a legal nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the zone in which it is located. A legal nonconforming structure may be maintained as follows:
(Ord. MC-1393, 12-02-13)
1. A legal nonconforming structure which is damaged to an extent of 1/2 or more of its replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this Development Code. However, any residential structure(s), including multi-family, in a residential zone destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within 2 years after the catastrophe.
2. Necessary repairs and desired alterations may be made to a legal nonconforming residential structure(s), including multi-family.
3. Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional, or industrial structures, provided that where the cost does not exceed the replacement cost of the legal nonconforming structure. However, improvements required to reinforce non-reinforced masonry structures shall be permitted without replacement cost limitations.
4. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed 1/2 of the replacement cost of the nonconforming structure over any consecutive 5-year period.
5. The replacement cost shall be determined by the Director.
6. Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with this Development Code.
7. If the use of a nonconforming structure is discontinued for a period of 36 or more consecutive calendar months, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this Development Code. A use of a legal nonconforming structure shall be considered discontinued when any of the following apply:
A. Where characteristic furnishings and equipment associated with the use have been removed and not replaced and where normal occupancy and/or use has been discontinued for a period of 12 or more consecutive calendar months.
(Ord. MC-1411, 2-02-15)
B. Where there are no business receipts available for the 12 month period.
(Ord. MC-1411, 2-02-15)
8. The following provisions shall apply to the reuse of existing nonconforming commercial/industrial structures and/or sites.
A. Landscaping shall be upgraded and maintained in a viable growth condition and irrigated in compliance with Section 19.28.030(10).
B. The parking lot landscaping shall be a minimum of 15% of the required parking lot area. However, if it is physically impossible to meet the minimum requirement, the Director may approve a reduction in the amount of landscaping required. No landscape improvements are required in areas not visible and/or accessible to the public.
C. Existing, required parking spaces shall not be removed to provide additional landscaping.
D. New uses in existing structures may be entitled to a reduction of up to 25% in the number of required parking spaces as determined by the Director.
E. Existing wheel stops may remain. If repaving of the parking lot is necessary, existing wheel stops may be removed and reinstalled following the repaving, provided stall dimensional requirements are met. However, no installation of new or additional wheel stops shall occur.
F. Installation of new concrete curbing may be required 3 feet from any walls, fences, property lines, walkways or structures adjacent to parking areas and drive aisles.
G. Screening compatible with the existing structure shall be required for mechanical equipment pursuant to Section 19.20.030(21).
H. A refuse enclosure shall be provided in compliance with adopted Public Works standards.
I. Chain link fencing not in conformance with Code requirements shall be removed by the owner/applicant prior to the establishment of the commercial use pursuant to Section 19.20.030(8).
J. A nonconforming structure may be reoccupied without complying with the building dimensional requirements pertaining to height, setbacks and/or lot coverage. All other requirements in the Municipal Code, including but not limited to the provisions of this Chapter, shall apply to the reoccupancy of the structure.
(Ord. MC-810, 10-08-91 (amended))
K. A nonconforming structure that has historic significance may be reused for its original intended use regardless of the zoning designation if a Historic Resource Evaluation Report has been prepared that confirms the historic significance subject to the Director's determination that is compatible with surrounding land uses.
(Ord. MC-957, 2-05-96)