Chapter 18.94 — NONCONFORMING STRUCTURES

• A. Continuation of a Legal Nonconforming Structure. A legal nonconforming land use and the use of a legal nonconforming structure may be continued, including transfers of ownership; provided that continuation complies with the requirements of this section, or is exempt under Section 18.94.030 (Residential Exemptions).

• B. Nonconforming Structures. A legal nonconforming structure may be maintained subject to the following:

  1. Ordinary Maintenance and Repairs. A nonconforming structure may undergo ordinary maintenance and repairs.

  2. Involuntary Damage to a Nonconforming Structure. A nonconforming structure involuntarily damaged to an extent of 50 percent or more of its appraised value immediately before the damage may be restored only if made to conform to all applicable provisions of this Zoning Code. Any structure(s) destroyed by a manmade catastrophe or natural disaster (e.g., fire, earthquake, flood, windstorm) and any destruction covered by an official declaration of a state of emergency, may be reconstructed up to the original size, placement, and density, only if the reconstruction commences within 180 days after the date of the damage or catastrophe and is diligently pursued to completion.

  3. Nonstructural Alterations to Structure(s). Necessary repairs and desired alterations that are not structural may be made to a nonconforming structure(s), only if the Building Official first determines that the repairs are necessary for public safety purposes and the cost does not exceed 50 percent of the appraised value of the nonconforming structure.

  4. Additions to Nonconforming Structure(s). Additions may be made to a structure(s) that is nonconforming due to its placement on the parcel as long as the additions are in compliance with all of the applicable regulations of this Zoning Code.

  5. Development of a Parcel With a Nonconforming Structure(s). Any additional development of a parcel with a nonconforming structure shall require that all new structures and/or additions be

in compliance with this Zoning Code.

6. Appraised Values. All appraised values referred to in this section shall be determined by a State-licensed appraiser and confirmed by the Building Official.

• (Ord. 1976 § 2, 2019)

• A. Termination by Destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily destroyed or deteriorated as a result of manmade catastrophe or natural disaster (e.g., fire, earthquake, flood, windstorm) in compliance with Section 18.90.040 (Termination of Nonconformities).

• B. Physically Unsafe or Unlawful Structures.

  1. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe due to lack of repairs or maintenance, and is declared by the Building Official to be unsafe by reason of physical conditions, it may be ordered demolished or rebuilt/repaired, and shall only be rebuilt, repaired, or restored in full compliance with all of the applicable regulations of the zone in which it is located.

2. Nothing in this chapter shall be deemed to prevent the restoring or strengthening to a safe condition of any structure, or part of a structure, declared to be unsafe by the Building Official.

(Ord. 1976 § 2, 2019)

• 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 with the same footprint, including preexisting nonconforming setbacks, and height in compliance with applicable Building and Fire Code requirements.

• B. Reconstruction or Replacement—Multi-Family Dwelling. An involuntarily damaged or destroyed multi-family nonconforming dwelling unit or structure may be reconstructed or replaced with a new unit or structure with the same footprint, including preexisting nonconforming setbacks, height, and number of dwelling units, in compliance with applicable Building and Fire Code requirements and Government Code Sections 65852.25 and 65863.4 .

• (Ord. 1976 § 2, 2019)