§ 9106.03

Except as otherwise listed below, a legal nonconforming use of a structure(s) may continue indefinitely.

A.

Nonconforming Residential Uses. A nonconforming use located in a residential zone may be maintained and continued. Alterations or expansions may be allowed upon the approval of a Modification granted in compliance with Division 7 (Permit Processing Procedures).

B.

Nonconforming Commercial and Industrial Uses. Sites with nonconforming commercial and industrial uses shall be properly maintained, provided that there is no addition, alteration, or enlargement to any use.

C.

Nonconforming Animal Keeping. Any nonconforming animal keeping, whether a primary use or an accessory use, shall be terminated or made conforming within three years from the date on which the use was rendered nonconforming.

D.

Conversion of a Nonconforming Use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

9106.03.020 - Nonconforming Uses Eligible for Conditional Use Permit or Other Approval.

A.

Nonconforming Until Approval is Granted. Any nonconforming use that is eligible to be considered for a Conditional Use Permit, Minor Use Permit, or other discretionary approval under this Development Code shall be considered to be a nonconforming use unless and until the permit or other approval is granted.

B.

Absence of Conditional/Minor Use Permit. A use lawfully existing without the approval of a Conditional Use Permit or Minor Use Permit that would be required by this Development Code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.).

C.

Previous Conditional/Minor Use Permit in Effect. A use that was authorized by a Conditional Use Permit or Minor Use Permit but is not allowed by this Development Code in its current location may continue, but only in compliance with the original Conditional Use Permit or Minor Use Permit conditions of approval.

9106.03.030 - Modifications or Extensions of Legal Nonconforming Use or Structure.

A.

A legal nonconforming use shall not be modified in any manner that expands, extends, or enlarges the use beyond its existing scope/area, or other portion(s) of a structure, upon the date the nonconformity was created, except as specified below.

1.

The changes are, in and of themselves, in conformance with the provisions of this Development Code.

2.

The changes are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.

The changes are required by other laws.

4.

The changes are determined, by the Director, to be small additions to legal-nonconforming single-family residential properties (including multifamily dwelling units on a single-family lot) and are subject to the approval of a Modification granted in compliance with Division 7 (Permit Processing Procedures).

5.

The changes are incidental to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

B.

If the nonconforming use is discontinued, any future use of the structure(s) shall be in compliance with the provisions of this Development Code; provided, however, that all nonconforming uses of a conforming structure shall be discontinued as provided in this Division.

C.

No change made to any development or use shall be construed as automatically allowing an extension of any time limit for the termination of a nonconformity.

D.

Allowable changes to nonconforming uses within a commercial or industrial development. A nonconforming use located within a commercial or industrial development may be replaced by another similar nonconforming use only after the Director first finds all of the following:

1.

The nonconforming use is similar to or less intensive than the use originally allowed in the development;

2.

The nonconforming use generally adheres to the intent of the General Plan and any applicable specific plan;

3.

The nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and

4.

The use of the entire development has not been ceased or discontinued for a period of 180 consecutive days or more.

(Ord. No. 2401, Exh. C, 4-15-25)

A.

Effect of Discontinuance. If any legal nonconforming use ceases to operate or is discontinued for a period of 180 consecutive days or more, subsequent use of the land shall be in compliance with the applicable provisions of this Development Code. Maintenance/retention of a valid City issued Business License shall of itself not be considered a continuation of the use.

B.

Cessation or Discontinuance Defined. A nonconforming use shall be considered ceased or discontinued when any of the following apply:

1.

Cessation or discontinuance of a nonconforming use shall be deemed by the Director as an abandonment of the use, irrespective of the owner's or occupant's intent;

2.

Discontinuance shall include cessation of a use regardless of intent to resume the use;

3.

The intent of the owner to cease or discontinue utilization of the nonconforming use is apparent, as determined by the Director;

4.

Where characteristic furnishings and equipment associated with the nonconforming use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been ceased or discontinued for a period of 180 consecutive days or more; or

5.

Where there are no business receipts or utility payments for the 180-day period.

C.

Discontinuance of Use. If the conforming use is discontinued, the nonconforming structure shall either be removed or made to comply with the regulations governing the zone in which the structure is located.

(Ord. No. 2401, Exh. C, 4-15-25)

Section 9106.05 - Nonconforming Structures

9106.05.010 - Continuation of Legal Nonconforming Structures.

A.

May Be Continued. Any legally established nonconforming structure that does not conform to the provisions of this Development Code may be continued indefinitely, provided no additions, enlargements, or structural alterations are made. If a nonconforming structure is removed, every future use of the premises shall be in compliance with the provisions of this Division.

B.

Exceptions. The following are exceptions to the indefinite continued use of a legal nonconforming structure as specified in Subsection A, above:

1.

Residential Structures. Any increase in the number of residential units of nonconforming structures designed and occupied for residential use shall be prohibited.

2.

Residential Zones. Every nonconforming structure (other than a residential structure), which was designed or intended for a use not allowed in the subject zone, shall be completely removed or structurally altered to conform to the standards of the subject zone, and every nonconforming use of a conforming structure shall be discontinued, in each instance within the time fixed by the Commission and approved by the Council. The time for the removal or alteration of nonconforming structure(s) shall not be fixed for a date before the expiration of the normal life of the structure(s) as determined in compliance with the evidence received by the Commission and Council. In no event shall the normal life of the structure(s) be fixed at less than 10 years from the date of its original construction.

3.

Utilities. This Division shall not be construed or applied so as to require the removal of a Federal or State regulated public utility's structures or structures which house or support operating electrical and mechanical equipment, only used to provide service to the public, nor to prohibit structural alteration required to accommodate the equipment, provided that there is no change of use or enlargement of the lot area devoted to the use; and provided further that any existing variation from height limits and established setbacks in the applicable zone not be increased.

4.

Encroachments in Commercial Zones. Within the commercial zones, any nonconforming encroachment into required setbacks may be required to be removed or reduced upon review by the Review Authority as follows:

a.

When an expansion in floor area which is greater than 50 percent of the existing floor area is proposed for any structure maintaining a nonconforming encroachment; or

b.

When an expansion in floor area anywhere within an integrated development is greater than 50 percent of the total floor area of all structures within the integrated development.

5.

Trash Facilities, Outdoor Storage, and Display. Trash areas or facilities, outdoor storage areas, and outdoor display areas shall be made fully conforming at the time of any expansion or intensification of use on the site.

9106.05.020 - Modification or Expansion of Legal Nonconforming Structures

A.

Allowed Exceptions. A legal nonconforming structure shall not be modified in a manner that expands, extends, or enlarges the structure in any manner beyond its existing scope/area upon the date the nonconformity was created, except as follows:

1.

The modifications are, in and of themselves, in compliance with the applicable provisions of this Development Code.

2.

The modifications are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming structure.

3.

The modifications are required by other laws.

4.

The modifications are incidental to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

B.

Allowable Additions to Nonconforming Residential Structures. Additions may be made to residential structures that are nonconforming due to their placement on the lot as long as the additions are in compliance with the current applicable regulations of this Development Code.

C.

Nonconforming Structures in the R-M, R-0, and R-1 Zones.

Nonconforming structures and structures for which construction was commenced and completed in compliance with the Municipal Code under the authority of a valid Building Permit need not be brought into compliance with the Development Code regulations unless removal and reconstruction of the destroyed structure would result in the removal and replacement of 50 percent or more of the previously existing structure's exterior walls or foundation.

2.

A nonconforming structure may be maintained and continued, provided there is no physical change other than necessary maintenance and repair to the structure.

3.

An addition or alteration is allowed only if the new or altered portions of the structure comply with current applicable Development Code regulations, or may be allowed upon the approval of a Modification granted in compliance with Division 7 (Permit Processing Procedures).

D.

Nonconforming Structures in the R-3 Zone.

1.

No Building Permit shall be issued for any structure to be erected upon property regulated by this Development Code unless the plans accompanying the application include the removal or remodeling to conform to the provisions of this Development Code of all nonconforming structures on the property, provided that a permit for the specified purposes listed below may be issued for any property containing a nonconforming single-family dwelling. Any construction on the property other than for the specified purposes shall require removal or remodeling in compliance with the provisions of this Division.

2.

The specified purposes are limited to the following:

a.

For 500 square feet of additional floor area (cumulative), including covered patios proposed to be added to the main single-family dwelling on the lot. A Modification, granted in compliance with the Modification procedures specified in Division 7 (Permit Processing Procedures), may allow for an additional 500 square feet of floor area (cumulative).

b.

Other alterations to the main single-family dwelling, which do not create additional space.

c.

Required parking facilities for the main single-family dwelling.

d.

A swimming pool.

3.

The R-1 zone regulations shall apply to the above specified purposes.

E.

No Extensions of Time Limits. No change made to any development or structure shall be construed as automatically allowing an extension of any time limit for the termination of a nonconformity.

F.

Allowable Nonstructural Alterations to Commercial, Industrial, Mixed-Use, or Institutional Structure(s). Necessary repairs and desired alterations may be made to nonconforming commercial, industrial, mixeduse, or institutional structures, provided that no structural alterations shall be made that would prolong the life of the supporting members of a structure (e.g., beams, bearing walls, columns, girders, etc.). Structural elements may be modified or repaired only if the Building Official first determines that the 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 50 percent of the appraised value of the nonconforming structure. However, structural improvements required to ensure greater protection from earthquakes shall be allowed without replacement cost limitations, provided the retrofitting is strictly limited to compliance with earthquake safety standards.