Chapter 17.96 — NONCONFORMING USES, STRUCTURES, AND PARCELS

(a)

This chapter establishes uniform provisions for the regulation of legal nonconforming structures, land uses, and parcels. Within the zoning districts established by this chapter, there exist structures, land uses, and parcels that were lawful prior to the adoption or amendment of the ordinance from which this chapter is derived, but which would be prohibited, regulated, or restricted differently under the terms of this chapter or future amendments.

(b)

It is the intent of this chapter to encourage the continuing improvement of the Town by limiting the extent to which nonconforming structures (other than residential structures) and nonconforming uses may continue to be used, expanded, or replaced, while allowing for reasonable improvements for appearance, maintenance, and safety.

(c)

Generally, this chapter is intended to be administered in a manner that encourages the eventual elimination of these nonconformities, with the exception of nonconforming residential structures, as it is recognized that the nonconforming conditions of residential structures may not be detrimental to adjacent uses or properties or the community in general, and that provisions are needed to allow for expansion and improvement in these cases.

(Code 1990, § 17.100.010; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 16-06, § 4(exh. A), 9-8-2016)

(a)

A structure that is nonconforming due to the lack of compliance with off-street parking standards shall be permitted to undergo changes in use or other improvements in compliance with this chapter, and as provided in Section 17.44.040.

(b)

No existing use of land or structure shall be deemed nonconforming because of the lack of screening or landscaping required by various chapters of this title.

(c)

Nothing in this chapter pertaining to nonconforming uses or structures shall be construed or applied so as to require the termination or removal, or so as to prevent the modernization, replacement, repair, alteration or rebuilding of public services or public utility uses, structures, equipment and facilities provided that there is no change of use or increase in the area utilized by the nonconforming use or structure.

(Code 1990, § 17.100.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 2021-04, § 4(exh. B), 4-21-2021)

(a)

A use lawfully occupying a structure or a site that does not conform with the use regulations or the site area regulations for the zone in which the use is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this chapter.

(b)

A structure lawfully occupying a site that does not conform with the standards for front yard, side yards, rear yard, height, coverage, distances between structures, or other development standards for the zone in which the structure is located, shall be deemed to be a legal nonconforming structure and may be used and maintained, except as otherwise provided in this chapter.

(c)

A parcel that was legally created but that does not conform with the property development standards for the zone in which the parcel is located shall be deemed to be a legal nonconforming parcel and may be used, developed, and maintained, except as otherwise provided in this chapter.

(d)

A nonconforming use, structure, or parcel may be continued, transferred, or sold, provided that no such use or structure shall be enlarged or increased, except as otherwise provided in this chapter.

(e)

Routine maintenance and repairs may be performed on a structure or site if either the use or the structure itself is nonconforming.

(f)

Nonconforming residential and commercial driveways may continue to be maintained and repaired until such a time that the driveway is reconstructed, fully or partially realigned, modified dimensionally, connected to a new structure, or a change is made to any structure on the property that would require that the structure be brought into compliance with current codes and standards.

(Code 1990, § 17.100.030; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Nonconforming use in a conforming structure.

(1)

No structure, the use of which is nonconforming shall be moved, altered or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as permitted in this chapter.

(2)

No nonconforming use shall be enlarged or extended in such a way as to occupy any more of the structure or site or occupy another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

(b)

Changes to a nonconforming structure. Alterations or additions may be made to a nonconforming structure as follows:

(1)

Additions to nonconforming residential structures may be made provided that the addition complies with all applicable codes and standards. Additions to nonconforming commercial structures may be made provided that the addition is no more than 25 percent of the existing building floor area, excluding garages. Additions to nonconforming commercial structures may be made no more than once every three years. All improvements shall comply with California Building Standards Code requirements.

(2)

No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yard, side yards, rear yard, height of structures, and distances between structures, or usable open space prescribed in the regulations for the zone in which the structure is located.

(3)

Alterations that do not impact the exterior of a building, such as an interior remodel, are permitted to occur in a nonconforming structure, without limitation, except as otherwise prohibited by this chapter.

(c)

Structures crossing a property line.

(1)

If an owner wishes to relocate a structure that is deemed nonconforming because it crosses a property line so that it is within the property lines, that effort shall be subject to all building and zoning requirements in place at the time of relocation.

(2)

Construction of a new structure on a site containing a building that crosses a property line, or additions to a nonconforming building that crosses a property line, shall not be permitted unless the nonconformity is eliminated.

(3)

Repairs to, or maintenance of, structures crossing a property line, including interior remodels, are permitted, provided that they comply with all building and zoning requirements in place at the time of work.

(d)

Seismic retrofitting and California Building Standards Code compliance. A nonconforming structure may undergo alterations, reconstruction, or repair to improve seismic safety or to comply with California Building Standards requirements, provided that the work is exclusively to comply with applicable earthquake safety standards and the California Building Standards and does not change the structure's footprint or height. The extent of these improvements shall not be limited in scope by the building's existing floor area or other requirements of this chapter.

(Code 1990, § 17.100.040; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 16-06, § 4(exh. A), 9-8-2016)

(a)

Whenever a nonconforming structure or a structure housing a nonconforming use is destroyed to the extent of 50 percent of the replacement value or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50 percent of the replacement value or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations of the zone in which it is located and the nonconforming use shall not be resumed.

(b)

Existing legal residential uses in any zone may be reinstated when the structure in which they were located has been destroyed, provided that the new structure meets the property development standards for the zone in which it is located.

(c)

Nonconforming multifamily structures that are destroyed to the extent of more than 50 percent of the floor area of the structure may be rebuilt subject to compliance with Government Code § 65852.25. Notwithstanding the foregoing, the Town may prohibit reconstruction pursuant to Government Code § 65852.25.

(Code 1990, § 17.100.050; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 20-13, exh. A(h), 11-18-2020)

(a)

Termination by discontinuance.

(1)

If a nonconforming use of land or structure is discontinued for a continuous period of one year or more all rights to legal nonconforming status shall terminate.

(2)

The Director shall determine discontinuance based on evidence, including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. The one-year period shall not apply if the Director determines that legitimate and continual efforts to reuse the subject property have been made during the one-year period.

(3)

The Director may grant an administrative permit to allow an extension of the one-year period for a period not to exceed an additional one year if the Director finds that circumstances of a significant or unusual nature prevent or have prevented the timely reestablishment of the use or structure. The applicant shall file an application for the administrative permit for the extension request prior to expiration of the original one- year period.

(4)

Without further action by the Town, further use of the site or structure shall comply with all of the current regulations of the applicable zoning district and all other applicable provisions of this chapter.

(b)

Termination by destruction. Nonconforming status shall terminate if a nonconforming structure, or a structure occupied by a nonconforming use, is involuntarily damaged or destroyed, except as otherwise provided in this chapter.

(Code 1990, § 17.100.060; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Legal building site. A nonconforming parcel that does not comply with the applicable access, lot area, buildable area, width, or depth requirements for the regulations for the zoning district in which it is located shall be considered a legal building site if it meets at least one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:

(1)

Approved subdivision. The parcel was created by a recorded subdivision map or a Certificate of Compliance;

(2)

Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed prior to the effective date of the amendment or adoption of the land use regulation that made the parcel nonconforming;

(3)

Variance or lot line adjustment. The parcel was approved through the variance procedure in compliance with Chapter 17.72 or resulted from a lot line adjustment as provided by Title 16; or

(4)

Partial government acquisition. The parcel was created in compliance with the provisions of this chapter but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing any public right-of-way was decreased not more than 50 percent.

(b)

Subdivision or adjustment of a nonconforming parcel. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel.

(Code 1990, § 17.100.070; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Conformity of uses requiring a use permit. Any use existing at the time of the adoption or amendment of the ordinance from which this chapter is derived, in any zoning district that allows the use subject to the granting of an administrative permit or a use permit, shall be deemed a conforming use if there is no administrative permit or use permit, but only to the extent that it previously existed, including maintaining

the same site area boundaries and hours of operation. Any expansion or change in the intensity of the use requires an administrative permit or a use permit.

(b)

Previous planning permits in effect. Any use in existence by virtue of a use permit issued in compliance with the regulations in effect at the time of application for any land use activity which, under the new regulations is not allowable by use permit, may continue, but only in compliance with the provisions and terms of the original administrative permit or use permit. If the use permit specified a termination date, then the use shall terminate in compliance with the original permit. If a use formerly required an administrative permit or a use permit in a particular zoning district and the use has become an allowed use within that district, the prior permit is deemed rescinded.

(Code 1990, § 17.100.080; Ord. No. 14-02, § 4, 3-19-2014)

Nonconforming signs shall be permitted to be continued and maintained, repaired, altered, or may lose their nonconforming status in compliance with Section 17.48.130.

(Code 1990, § 17.100.090; Ord. No. 14-02, § 4, 3-19-2014)

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken in compliance with Chapter 8.20.

(Code 1990, § 17.100.100; Ord. No. 14-02, § 4, 3-19-2014)