A structure that lawfully existed prior to the effective date of this chapter is a legal nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the zone or development standards in which it is located. A legal nonconforming structure may be maintained as follows:
A. A legal nonconforming structure that is damaged to an 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.
B. Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional or industrial structures; provided, that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams or girders. Structural elements may be modified or repaired only if the chief building official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure or adjacent property and the cost does not exceed one-half of the replacement cost of the legal nonconforming structure. However, improvements required to reinforce nonreinforced masonry structures shall be permitted without replacement cost limitations; provided, that such retrofitting is strictly limited to compliance with earthquake safety standards.
C. 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 one-half of the replacement cost of the nonconforming structure over any consecutive five-year period.
D. The replacement cost shall be determined by the city planner.
E. Necessary repairs and desired alterations including expansions may be made to a legal nonconforming residential structure(s), including multi-family, located in a residential land use district. Expansions shall not increase the number of dwelling units on the site nor increase discrepancy of nonconformance with physical development standards (height, yard area, etc.).
F. Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with this chapter.
G. If the occupancy of a nonconforming structure/site is discontinued for a period of six or more consecutive months, the structure and site shall be made to conform to the provisions of the ordinance to the extent possible upon re-occupation of the structure/site by a "permitted use" in the zone classification. The occupancy of a legal nonconforming structure/site shall be considered discontinued when any of the following apply:
1. The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the city planner;
2. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of six or more consecutive calendar months;
3. Where there are no business receipts available for the six-month period;
4. The extent of required improvements shall be determined through application for site plan review permit by the site plan review committee. Additional parking shall not be required except where a use is expanded in area or intensity, in which case the parking requirements shall apply only to the addition. Appeals of findings of the site plan review committee may be made to the planning commission as provided in Section 17.28.050.
H. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the zone in which the structure is located.
I. When a legally existing residential unit is discontinued for a period of twelve (12) or more consecutive months, the residential structure and site shall be made to conform to all current residential standards prior to re-occupancy as a residence. A nonconforming residential structure within a commercial, office or industrial zoning district that is ordered to be repaired by the City Building Official shall do so in compliance with the minimum requirements of the California Building Code. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7543)