Chapter 10.64 — NONCONFORMING STRUCTURES

A. Any use or structure that was lawfully established prior to the effective date of this Zoning Code or of any subsequent amendments to its text or to the City's Zoning Map may be continued and maintained, provided there is no alteration, enlargement, or addition to any structure; no increase in occupant load; and/or no enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Article.

B. The right to continue a nonconforming structure shall attach to the land and shall not be affected by a change in ownership.

C. No alteration or other change in structures is permitted, except as otherwise provided in this Article. (Ord. 935 § 3 (part), 2015)

A. Additions. A nonconforming structure may be added to, provided that the addition complies with all requirements of this Zoning Code, including but not limited to setbacks, building height, parcel coverage, and parking. However, the following modifications and expansions may be allowed without requiring conformance with established standards.

1. Single-family dwelling units that have nonconforming parking may be expanded to include additional square footage to the unit. However, where a new bedroom is proposed to be constructed, at least one additional parking space shall be provided.

2. Where a side yard setback is nonconforming, an addition to a structure with such nonconformity shall be allowed to maintain the nonconforming setback, provided any such addition does not, as determined by the Director, create any adverse impact on an adjoining property.

3. For any use other than a single-family residence, an expansion of up to 10 percent of the existing floor area may be allowed without any requirement to establish conformity of required setbacks, landscaping, structure height, loading spaces, or open space standards. However, additional parking spaces shall be required for any such addition to meet the requirements of this Title 10 for the additional floor area.

4. Conformance with minimum required landscape standards shall not be required for any addition or expansion. B. Maintenance and Repair. General maintenance and repair of a nonconforming structure shall be allowed, provided there are no structural alterations. However, structural alterations which the Building Official has determined to be necessary for public health and safety purposes may be allowed.

C. Removal of Nonconformity during Modification or Expansion. In any instance where an existing nonconforming structure or any portion of a nonconforming structure is demolished in the course of maintenance and repair, expansion or addition, or other alteration or modification, all nonconforming portions of the structure so demolished shall be reconstructed in compliance with the applicable regulations of the zone for height, setback, yard, parcel coverage, and other applicable provisions of this Zoning Code. (Ord. 935 § 3 (part), 2015)

A. General. The following provisions govern reconstruction of a nonconforming structure that is damaged or partially destroyed by fire, flood, wind, earthquake, or other act of nature or an act of the public enemy.

B. Destruction of 50 Percent or More. If the nonconforming structure is damaged to the extent of 50 percent or more of the appraised replacement value of the nonconforming structure, as determined by the Building Official, prior to the damage or partial destruction, or is voluntarily razed or is required to be razed, the structure shall only be restored in full conformity with the provisions of this Zoning Code and all applicable Building Codes.

C. Destruction of Less than 50 Percent. If the total cost of repairs, including structural alterations, required for reconstruction do not exceed 50 percent of the appraised replacement value of the nonconforming structure, as determined by the Building Official, prior to the damage or partial destruction, the damaged or partially destroyed portions of the nonconforming structure may be reconstructed without bringing all portions of the structure into conformance with the provisions of this Zoning Code.

D. Estimate of Damage and Cost of Reconstruction. The extent of damage or partial destruction shall be based upon the reasonable replacement value of the structure immediately prior to the damage or partial destruction, as determined by the City’s Building Official. All appraised values referred to in this Section 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 for purposes of this Section 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. E. Exemption for Single-Unit and Multi-Unit Residential Structures. Any legally established single-unit or multiunit residential structure that experiences destruction of 50 percent or more of the appraised replacement value may be completely reconstructed to the extent it existed prior to such destruction. However, all efforts shall be made to comply with the provisions of this Zoning Code to the extent practicable and in particular, any off-street parking deficiencies that existed prior to such destruction shall be remedied to the greatest extent possible, as determined by the Director. (Ord. 935 § 3 (part), 2015)

Reconstruction and retrofitting necessary to comply with earthquake safety standards shall be allowed without cost limitation, provided such work is limited exclusively to necessary compliance with earthquake safety standards. (Ord. 935 § 3 (part), 2015)

When a structure is relocated to another parcel, it shall comply with the provisions of this Zoning Code and all other applicable laws and regulations. (Ord. 935 § 3 (part), 2015)