§ 30-23. NONCONFORMING BUILDINGS AND USES.

[Added by Ord. #1557, § 9163.1]

The purpose of the nonconforming buildings and uses provisions of this Chapter is to provide for the orderly removal of nonconforming buildings, structures, and uses and such provisions shall apply to the nonconforming buildings and uses in any zone and to buildings or uses which become nonconforming due to rezoning or changes in the text of this Chapter.

[Added by Ord. #1557, § 9163.2; Ord. #2026, §§ 2 — 5; amended 10-26-2021 by Ord. No. 2339]

• a. Continuation of Nonconforming Buildings and Structures. Nonconforming buildings and structures are hereby granted an automatic variance to permit the continuation of such buildings. Such variances shall remain in force and effect for the following lengths of time, which shall be computed beginning on the date which such building or structure became nonconforming due to the enactment of this Chapter or prior ordinances:

  1. Structures which do not require a building permit: three years.

  2. Signs and billboards: three years;

3. Type IV and Type V buildings (incombustible frame and wood frame), as defined in the California Building Code:

   • (a) Dwellings: 35 years; and

   • (b) Stores and factories: 25 years;

4. Type II and Type III buildings (heavy timber construction and masonry), as defined in the California Building Code:

   • (a) Dwellings, office buildings, hotels, warehouses, stores, garages, and lofts: 40 years; and

   • (b) Factory buildings: 50 years; and

5. Type I buildings (fire-resistive), as defined in the California Building Code:

   • (a) Dwellings: 50 years;

   • (b) Offices, stores, and hotels: 55 years; and

   • (c) Theaters: 60 years.

6. Razor wire, concertina wire and/or cut glass on exterior surfaces: 60 days;

7. Fences and gates that must be upgraded in accordance with Section 30-44 of this Chapter: 180 days.

A nonconforming building may be continued for a period of time as specified in this subsection provided no additions or enlargements are made thereto, except those required by law or ordinance. If such nonconforming building is removed, every future use of, and future building located on, such premises shall be in conformity with the provisions of this Chapter.

Nothing in this subsection shall be construed or applied so as to require the termination, discontinuance, or removal, or so as to prevent the modernization, expansion, alteration, repair, or reconstruction, of such public utility facilities as are employed for the transmission and/or distribution of electricity, gas, or water provided there is no change in use or enlargement of the site.

• b. (Reserved)

• c. (Reserved)

• d. Enlargement of Nonconforming Buildings. Additions may be made to nonconforming buildings or structures which are nonconforming only because they do not meet the following development standards; provided, however, such additions shall be developed pursuant to the requirements of this Chapter:

  1. Yards;

  2. Building height limits, but not including floor area ratio provisions; and

  3. Parking space size, driveway width, or turning radii.

• e. Restoration of Nonconforming Buildings. Subject to all the other provisions of this section, a building destroyed to the extent of less than 50% of its replacement value by fire, explosion, or other casualty or act of God or the public enemy may be restored, and the occupancy or use of such building, or part thereof, which existed at the time of such partial destruction may be continued. In the absence of proof to the contrary, replacement value shall mean four times the assessed value of the building at the time of the destruction.

[Added by Ord. #1557, § 9163.3]

• a. Nonconforming Uses of Nonconforming Buildings. A nonconforming use of a nonconforming building may be expanded or extended throughout such building for a period of time as set forth provided no structural alterations are made therein except those required by law or ordinance. A nonconforming use of a nonconforming building may be changed to another use of the same or more restricted classification provided no structural alterations are made therein.

• b. Nonconforming Uses of Conforming Buildings. A nonconforming use of a conforming building shall not be expanded or extended into any other portion of the conforming building. If such nonconforming use is discontinued or abandoned for a period of six months or more, any future use of such building shall be in conformity with the provisions of this Chapter. While such nonconforming use exists no additional use shall be permitted, even though such additional use would otherwise be a conforming use unless approved by the Commission by written resolution.

[Added by Ord. #1557, § 9163.4]

• a. A nonconforming use of unimproved property may continue until May 4, 1979.

• b. A nonconforming use of unimproved property shall not be extended or expanded either on the same or adjoining property. If the nonconforming use of unimproved land is discontinued or abandoned for a period of 30 days or more, any future use of such land shall be in conformity with the provisions of this Chapter.

[Ord. #1987, § 1]

An addition or enlargement to any individual nonconforming building, structure or use may be permitted and/or the period of time provided for continuation of said nonconforming building, structure or use may be extended provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter.