The following shall apply to all nonconforming structures existing at the effective date of this subchapter, or at the effective date of any subsequently adopted ordinance or regulation unless said ordinance or regulation expressly provides otherwise.
(A) Any nonconforming residential structure in any residential zone may be continued and maintained, except as otherwise provided in this subchapter, provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director, and which do not enlarge the structure, and further provided:
(1) In the event of involuntary destruction of a nonconforming residential structure in a residential zone, the cost of reconstruction at the time of the involuntary destruction does not exceed 50% of the cost of replacing the entire structure, as determined by division (D)(6) of this section, except as provided in divisions (A)(2) and (3) below.
(2) In the event of involuntary destruction of a nonconforming residential structure as set out in division (A)(1) above, the structure may be rebuilt if the owner can demonstrate to the satisfaction of the Community Development Director the following:
(a) Rebuilding will not enlarge the size of the structure nor increase the extent of non- conformance;
(b) The rebuilt structure will be appropriate to the site and be compatible with existing structures in the neighborhood; and
(c) The structure was properly maintained, as required by health, safety and building codes and other titles of this code and ordinances, immediately prior to the destruction.
(3) Nonconforming residential structures located in the R-1 and R-1A Zones involuntarily destroyed in whole or in part shall be exempt from the provisions of this subchapter, except that reconstruction or repair shall not increase the size nor alter the configuration of the nonconforming structure, nor increase the extent of any nonconformity.
(4) In no case shall a nonconforming residential structure located in the R-1 or R-1A Zones involuntarily destroyed in whole or in part be required to comply with the requirements of §§ 153.035 et seq.
(5) In no case shall the passage of time, in and of itself, cause the termination of any nonconforming residential structure in any multi-residential zone including, but not limited to, R-2 and R-3 Zones, unless the City Council shall make a subsequent determination to the contrary.
(6) Any part of a structure housing a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used nor occupied by any nonconforming use.
(B) Nonconforming nonresidential structures in any residential zone may be continued and maintained, except as otherwise provided in this subchapter, and provided there is no physical change to the structure except for such repair and maintenance as may be required for the structural integrity of the structure, or as may be required by law as determined by the Community Development Director, and which do not enlarge the structure; and further provided:
(1) The entire structure does not remain unoccupied for six consecutive months or more.
(2) In the event of involuntary destruction of the structure, the cost of reconstruction does not exceed 50% of the cost of replacing the entire structure, pursuant to division (D)(6) of this section.
(3) Any part of the structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used by a nonconforming use.
(4) In addition to the causes of termination set out in divisions (B)(1) and (2) of this section, a nonconforming non-residential structure in any residential zone shall be altered and converted to a conforming structure, or completely removed, when such structure has reached the age of 40 years, computed from the date the building was erected.
(C) Nonconforming structures in nonresidential zones may be continued and maintained except as otherwise provided in this subchapter, and provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director, and which do not enlarge the structure; and further provided:
(1) Any nonconforming structure in a nonresidential zone shall terminate if the entire structure is unoccupied for six consecutive months.
(2) In the event of involuntary destruction, the nonconforming structure shall terminate if the cost of reconstruction at the time of the involuntary destruction exceeds 50% of the cost of replacing the entire structure, pursuant to division (D)(6) of this section.
(3) Any legal nonconforming status of a structure shall terminate if there is physical deterioration of the structure requiring more than ordinary repair as may be necessary for structural integrity or safety as determined by the Community Development Director.
(D) General provisions which shall apply to any nonconforming structure in any zone, unless specifically excluded by other provisions of this subchapter, shall include:
(1) Any structure or part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use.
(2) When a single project including, but not limited to, an apartment project, shopping center or mall, consists of two or more separate buildings or structures located on one or more lots, the nonconformity of any one building pursuant to this subchapter shall be considered the nonconformity of that entire single project and the entire project shall be governed by the applicable provisions of this subchapter.
(3) Any reconstruction, maintenance, repair or alteration authorized or permitted by this subchapter to any nonconforming structure must comply with all other applicable requirements of this code at the time such work is performed, and the extent of nonconformity may not be intensified nor any other changes made in the size or configuration of the structure, except as specifically provided in this subchapter.
(4) Any nonconforming structure shall terminate if there is physical change to the structure other than such repairs as may be necessary to maintain the structural integrity or safety of the structure, but do not enlarge, increase the floor area or materially alter the structure, and such alterations as may be required by law, the applicability of which shall be determined by the Community Development Director.
(5) Any nonconforming structure involuntarily destroyed that is permitted to be reconstructed or repaired pursuant to this subchapter, shall have such reconstruction or repair started within one year from the date of damage and shall be diligently pursued to completion. Otherwise the legal nonconforming status of the structure shall be lost.
(6) Whenever a determination of the cost of replacing a structure or the cost of reconstruction is required to be made, that determination shall be made by the Community Development Director based on a current appraisal of the structure, provided at the owner's expense, by a California licensed and certified appraiser.
(7) Repair or reconstruction of a damaged nonconforming structure shall not extend the specified termination date of the structure, nor of the use it housed.
(8) A nonconforming structure may be remodeled provided:
(a) There is no increase in the total size, the height or the useable floor area of the structure;
(b) There is no increase in the extent of nonconformity; and
(c) There is no new nonconformity created.
(F) Exemptions to the requirements of this subchapter shall apply to structures that are:
(1) Public utility structures so long as said structures are directly involved in providing public utility services; or
(2) A structure made nonconforming solely by reason of a dedication to or acquisition by the city or other government agency, directly or by eminent domain, for a public purpose.
(Ord. 393-C.S., passed 5-18-93; Am. Ord. 687, passed 3-7-23)