Section 9106.05 — 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:

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

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.

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.

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.

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.

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:

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

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.

The modifications are required by other laws.

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.

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

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.  

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.

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.

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, mixed- use, 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.

A nonconforming structure(s) involuntarily damaged or partially destroyed by explosion, fire, act of nature, or act of the public enemy may be repaired or rebuilt and re-occupied only as follows:

A.

Cost Does Not Exceed 75 Percent. If the cost of repairing or replacing the damaged portion of the structure(s) does not exceed 75 percent of the structures' appraised value, immediately preceding the involuntary destruction, the structure may be restored, provided all of the following conditions are met:

The reconstruction meets all applicable current Building Code requirements.

Reconstruction begins within 12 months of the date of damage, unless otherwise allowed by the Director, and is diligently pursed to completion.

B.

Cost Does Exceed 75 Percent. If the cost of repairing or replacing the damaged portion of the structure(s) does exceed 75 percent of its appraised value, immediately preceding the involuntary destruction, the structure may not be restored, and any reconstruction or new construction shall be in full compliance with the current Development Code provisions.

C.

Appraised Values and Repair/Replacement Estimates.  

All appraised values referred to in this Division shall be determined by a State licensed appraiser and confirmed by the Building Official.

Estimates of repairing or replacing the damaged portion of the structure(s) for purposes of this Division shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.

A.

Reconstruction or Replacement - Single-Family Dwelling. An involuntarily damaged or destroyed single- family nonconforming dwelling may be reconstructed or replaced with a new structure but only in compliance with all of the following provisions and the current Building and Fire Code requirements:

Subject to all other regulations of this Development Code, a structure destroyed to the extent of not more than 75 percent of its appraised value by fire, explosion, or other casualty or Act of God or the public

enemy, may be restored and the occupancy of use of the structure or part thereof which existed at the time of the partial destruction may be continued.

When the site is legal-nonconforming based upon floor area ratio requirements in the single-family residential zones, the following applies if the main dwelling unit is damaged or destroyed in excess of 75 percent of its appraised value by fire or other causes beyond the control of the owner:

a.

If a Building Permit is issued within three years following the damage or destruction, legal-nonconforming rights are maintained for floor area ratio and the main dwelling unit may be built to its original gross floor area; and

b.

If a Building Permit is not issued within three years following the damage or destruction, the legal- nonconforming rights shall be deemed to have terminated.

B.

Reconstruction or Replacement - Multifamily Dwelling. An involuntarily damaged or destroyed multifamily nonconforming dwelling unit(s) located in any zone other than M-1 (Industrial Zone) may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks), height, and number of dwelling units, in compliance with current Building and Fire Code requirements and Government Code Sections 65852.25 and 65863.4.

A.

If Abandoned or Discontinued. If any legal nonconforming structure, except for residential structures located in single-family residential zones, is abandoned or the use thereof discontinued for a period of 180 consecutive days or more, subsequent structural and site development shall be in full compliance with all applicable provisions of this Development Code. Maintenance of a valid City issued Business License shall of itself not be considered a continuation of the structure.

B.

Cessation or Discontinuance Defined. Use of a nonconforming structure shall be considered ceased or discontinued when any of the following apply:

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

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

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

Where characteristic furnishings and equipment associated with the use of the structure 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

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

C.

Properties on the Market - Exempt. Any property which is listed on the real estate market shall not be not considered abandoned or discontinued, but only if in compliance with all of the following provisions:

On the market for up to 180 days; and

The property shall be continually maintained in a proper condition subject to the approval of the Director.

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

When a structure is relocated to another lot, it shall be made conforming in all respects with the provisions of this Development Code and all other applicable laws and regulations.

Section 9106.07 - Nonconforming Lot