Camarillo Municipal Code § 19.58.040 Nonconforming buildings or structures

The provisions of this chapter shall apply and govern all nonconforming uses of land, building and structures arising out of the application of the zoning title.

(Ord. 404 § 1 (part), 1978: prior code § 9600.)

A. Termination of Use. The nonconforming use of land shall be terminated not later than three years after such use becomes nonconforming. As used in this section, the term "use of land" includes the use of land only and the use of accessory buildings or structures in conjunction with the use of land when the aggregate assessed value of such buildings or structures for tax purposes is not more than seven hundred and fifty dollars.

B. Expansion Prohibited. The nonconforming use of land shall not be expanded or extended in any way either on the same or any adjoining land.

C. Discontinuance or Change. The discontinuance of a nonconforming use of land or a change of nonconforming use constitutes abandonment and termination of the nonconforming use, and thereafter the use of the land must conform to the regulations of the applicable zone classification.

(Ord. 404 § 1 (part), 1978: prior code § 9600.1.)

A. Termination of Use. The nonconforming use of a conforming building or structure shall be discontinued not later than five years after such use becomes nonconforming. As used in this section, the term "conforming building or structure" means a building or structure all or substantially all of which is designed or intended for a purpose or use permitted in the zone in which it is located.

B. Expansion Prohibited. The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure.

C. Discontinuance. The discontinuance of a nonconforming use of a conforming building or structure for a period of one hundred twenty days constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure shall conform to the regulations of the applicable zone classification.

(Ord. 404 § 1 (part), 1978: prior code § 9600.2.)

A. Continuation of Use. The use of nonconforming buildings or structures may be continued subject to the following conditions: no additions or enlargements shall be made to such buildings or structures, except additions or enlargements required by law; or additions or enlargements if such additions or enlargements otherwise conform to the regulations in effect for the zone in which such buildings or structures are located.

B. Expansion within Structure. The nonconforming use of a nonconforming building or structure may be expanded or extended throughout such building or structure provided that no structural alterations shall be made therein except as required by law.

C. Nonconforming Use Change. The nonconforming use of a nonconforming building or structure may be changed to another use permitted in the same zone or a more restrictive use, provided that no structural alterations are made thereto.

D. Sequence of Use Restriction. If the nonconforming use of a conforming building is changed to a use which is a more restrictive use, the sequence of the uses, the first being the most restrictive and the last being the least restrictive is as follows: one-family residential use, multiple-family residential use, office use, neighborhood commercial use, general commercial use, limited industrial use and heavy industrial use. When the use of a nonconforming building is changed to a use which is permitted in a more restrictive zone, such a nonconforming building shall not thereafter be used for a use which is permitted only in a less restrictive zone.

E. Any use which conformed to the parking provisions prior to adoption of amendment on October 28, 1987 of the parking section increasing the number of parking spaces required, shall be allowed to be continued subject to the following:

1. That no additions or enlargements shall be made to such building or structure except additions or enlargements required by law or additions or enlargements which otherwise conform to the regulations in effect for the zone and use in which the building is located;

2. The nonconforming use may be changed to another use permitted in the same zone or the same classification in the zone or to a more restrictive use: provided, that no structural alterations are made thereto, other than interior modifications. The use shall also be subject to the provisions in Section 19.58.040 D dealing with sequence of use restrictions.

(Ord. 638 § 2, 1987; Ord. 404 § 1 (part), 1978: prior code § 9600.3.)

Temporary agricultural stands shall be determined nonconforming and shall cease and desist within ninety days from the date a conditional use permit is required therefor unless a conditional use permit is obtained and all conditions are satisfied.

(Ord. 512 § 11 (part), 1982.)

Whenever in any zone a nonconforming building or structure is involuntarily damaged or destroyed to the extent of fifty percent or less of its reasonable value, it may be restored and the occupancy or use of such building or structure or part thereof which existed at the time of such partial destruction may be continued, if such restoration is started within a period of twelve months of such damage or destruction and is diligently pursued to completion.

(Ord. 404 § 1 (part), 1978: prior code § 9600.4.)

Whenever in any zone a nonconforming building or structure is voluntarily removed, damaged or destroyed to the extent of fifty percent or less of its reasonable value, no repairs or reconstruction shall be made unless such portion of such building or structure is made to conform to the regulations of the new zone classification in which it is located.

(Ord. 404 § 1 (part), 1978: prior code § 9600.5.)

Whenever in any zone a nonconforming building or structure is removed or is voluntarily or involuntarily damaged or destroyed to the extent of more than fifty percent of its reasonable value, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to the regulations of the new zone classification in which it is located.

(Ord. 404 § 1 (part), 1978: prior code § 9600.6.)

In no event shall the repair or restoration of any building or structure increase or prolong the time within which the nonconforming use thereof must be terminated.

(Ord. 404 § 1 (part), 1978: prior code § 9600.7.)

The use of land as permitted for the zone or subzone in which it is located shall be permitted on a lot or parcel or a combination of contiguous lots or parcels of less area or frontage than that required by the regulation of such zone or subzone only if the owner or, if there is more than one, any one of the owners of such lot or parcel or combination thereof does not own, in whole or part, any adjoining property and has not owned, in whole or part, any adjoining property since September 27, 1978. Whenever use of land is permitted pursuant to this section, the side yard of any lot may be reduced to not less than ten percent of the average lot width or three feet, whichever is greater and a front yard setback of ten percent of the lot depth and a rear yard setback equal to ten percent of the depth but in no case shall the combined total exceed twenty-five feet.

(Ord. 404 § 1 (part), 1978: prior code § 9600.8.)

A variance or permit is granted automatically hereby, so as to permit the continuation of the particular existing uses of any building, structure, improvement or premises existing in the respective zones immediately prior to the time the ordinance codified in this chapter or any amendment thereof becomes effective if such existing use was not in violation of this or any other ordinance or law. Whenever the zone classification of any property is changed, any property being used pursuant to variance or permit may be used thereafter in the manner authorized by the variance or permit as a nonconforming use for the duration of the variance or permit.

(Ord. 404 § 1 (part), 1978: prior code § 9600.9.)

Notwithstanding any other provision of this code, no building permit shall be issued for any lot or parcel which results from a sale of part of a lot or parcel or any other type of lot split wherein any one of the resulting lots or parcels does not meet the zoning requirements which apply to the land at that time unless, prior to the sale or split, a variance is obtained from the planning commission.

(Ord. 404 § 1 (part), 1978: prior code § 9600.10.)

Existing developments in the RPD-6U or greater zones which are mandated to have containers for the temporary storage of recyclable material which do not have sufficient area within the existing trash enclosure(s) are deemed to be nonconforming as of the effective date of the ordinance codified in this chapter. Each such nonconforming trash and recyclable enclosure shall be modified to provide sufficient area for the storage of trash and recyclables within two years from the date of the ordinance codified in this chapter. The enclosure shall be modified in accordance with a plan to be submitted for review and approval by the director of planning and community development.

(Ord. 905 § 2, 1998.)

(Ord. No. 2013, § 4(Exh. A), 7-26-2023)

Existing self-storage facilities at the time of adoption of the ordinance codified in this section are considered a legal nonconforming use and may remain in use; however, the use may not be expanded or extended into any other portion of the conforming building or structure in which the use is located. The discontinuance of a legal nonconforming use of a conforming building or structure for a period of one hundred eighty days or more constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure must conform to the regulations of the applicable zone classification. A change of ownership of a self-storage facility will not change the legal nonconformity status of the use.

(Ord. No. 2013, § 4(Exh. A), 7-26-2023)

A. An existing antenna system, which has been constructed and in place at the time of adoption of the ordinance codified in this section, shall be considered a legal, nonconforming use if it does not comply with the current standards. However, the owner of an existing ground-mounted antenna system whose system has not previously been approved by the department of building and safety must submit an application for a building permit to the department of building and safety within one year of the date of the adoption of this chapter.

B. A nonconforming antenna is no longer a legal nonconforming use if the antenna support structure is moved or if the height of the antenna support structure is increased, and such antenna is then subject to all the requirements of this chapter.

(Ord. 730 § 5, 1990.)

(Ord. No. 2013, § 4(Exh. A), 7-26-2023)

A. Termination of Use. A public garage in the COT (Camarillo Old Town) zone shall be deemed a nonconforming use of a building or structure five years from the effective date of the ordinance codified in this section. Such nonconforming use shall then be immediately discontinued unless a conditional use permit is obtained.

B. Expansion Prohibited. The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure unless a conditional use permit is obtained.

C. Discontinuance. The discontinuance of a nonconforming use of a conforming building or structure for a period of one year constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure shall conform to the regulations of the applicable zone classification.

D. Any change of ownership of a public garage, as defined in Section 19.04.335, in the COT zone will not change the nonconformity status of the use or the time period for compliance.

(Ord. 898 § 3, 1998.)

A. Termination of Use. A drinking establishment shall be deemed a nonconforming use of a building or structure five years from the effective date of the ordinance codified in this section. Such nonconforming use shall then be immediately discontinued unless a conditional use permit is obtained.

B. Expansion Prohibited. The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure unless a conditional use permit is obtained.

C. Discontinuance. The discontinuance of a nonconforming use of a conforming building or structure for a period of one year constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure shall conform to the regulations of the applicable zone classification.

D. Any change of ownership of drinking establishments as defined in Section 19.04.278 will not change the nonconformity status of the use or the time period for compliance.

(Ord. 871 § 5, 1997.)

Large day care facilities properly licensed at the time of adoption of the ordinance codified in this section may remain in use; however, all applicable city approvals and licenses shall be applied for within ninety days from the effective date of the ordinance codified in this section, except as otherwise expressly provided herein.

(Ord. 773 § 14, 1993.)

Off-sale alcoholic beverage establishments properly licensed at the time of adoption of the ordinance codified in this section are considered a legal nonconforming use and may remain in use.

A. Continuation of Nonconforming Use. A legally established nonconforming alcohol use may continue, provided it remains in continuous operation and is not expanded or extended beyond its original scope except as otherwise noted in this section. Changes in ownership, tenancy, or management will not affect the nonconforming status of the use. The discontinuance of a legal nonconforming alcohol use in a conforming building or structure for a period of one year (three hundred sixty-five days) or more constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure must conform to the conforming uses of the applicable zone.

B. Expansion of Alcohol Sales Area.

1. For legal nonconforming uses involving the retail off-sale of alcoholic beverages, an increase in the alcohol sales area may be permitted within the existing conforming structure, provided that the total area devoted to alcohol sales does not exceed forty-nine percent of the sales floor area of that structure as it existed at the time the use became nonconforming.

2. This allowance does not permit any expansion of the building with the intent of increasing the alcohol sales areas.

3. Any proposed expansion or extension of a nonconforming use or structure regulated by this section requires approval of a conditional use permit pursuant to this title.

4. Unless otherwise noted, reconstruction, remodels, alterations or expansion of a nonconforming use, structure, or building, regulated by this chapter may be authorized with a Conditional Use Permit.

C. Involuntary Damage or Destruction. In the event a structure housing a legal nonconforming alcohol use is damaged or destroyed by fire, flood, earthquake, or other calamity not caused by the property owner or tenant, the nonconforming use may be reinstated, subject to the following conditions:

1. A building permit for repair or reconstruction is obtained within twelve months of the date of damage or destruction.

2. Repair or reconstruction is diligently pursued to completion.

3. The restored structure does not expand or extend the nonconforming use beyond its original scope except as otherwise allowed in this section.

4. The community development director may extend the twelve-month period upon a showing of good cause due to circumstances beyond the control of the property owner.

D. Voluntary Remodeling. Structures with legal nonconforming uses may be voluntarily remodeled provided:

1. The remodeling does not increase the intensity of the nonconforming use such that it changes the character or purpose of the nonconforming use, except as otherwise allowed in this section.

2. A building permit for the remodeling is obtained, and the work is diligently pursued to completion within a reasonable time, as determined in the sole and absolute discretion of the community development director.

E. Demolition and Reconstruction. A legal nonconforming alcohol use may continue operating following complete demolition and reconstruction of the structure it occupies, subject to the following conditions:

1. The new structure does not increase the intensity of the nonconforming use such that it changes the character or purpose of the nonconforming use, except as otherwise allowed in this section.

2. The reconstruction complies with all applicable law, including, without limitation, of this code.

3. A building permit for reconstruction is obtained within twelve months of demolition, and the work is diligently pursued to completion.

(Ord. 1029 § 12, 2008.)

(Ord. No. 2036, § 3, 1-28-2026)

A. Prohibition—Record Owner. It is unlawful for any record owner of land to use or permit to be used the land or any building or structure thereon for any nonconforming use which is in violation of this nonconforming section of the title.

B. Prohibition—Lessee or Sublessee. It is unlawful for any lessee or sublessee of real property to use or permit to be used the leased premises of any building or structure thereon for any nonconforming use which is in violation of the nonconforming section.

(Ord. 404 § 1 (part), 1978: prior code 9600.11.)

In addition to the penalties provided, any nonconforming use caused or permitted to exist in violation of any provision of this chapter is a public nuisance and is subject to summary abatement by the city, in which case the city may recover from the owner of the land or the owner of such public nuisance, in an action brought in the name of the city for that purpose, the city's expense of removal of such public nuisance including court costs and reasonable attorney's fees to be fixed by the court.

(Ord. 404 § 1 (part): prior code § 9600.12.)

Notwithstanding any other provision of this chapter, no parcel of land shall be considered nonconforming within the purview of the nonconforming section if such parcel were rendered nonconforming as a result of a conveyance of any interest in the parcel to a public entity through eminent domain proceedings, under threat of eminent domain proceedings or to meet a requirement of any public entity having jurisdiction.

(Ord. 404 § 1 (part), 1978: prior code § 9600.13.)