Title 18 — ZONING[1]

Source: library.municode.com (print export)

Title 18 - ZONING[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2024-2529, adopted April 2,2024, repealed Title 18 and enacted a new title as set out herein. The former Title 18 pertained to similar subject matter. For a complete derivation, see the Disposition of Ordinances.

DIVISION 1. - GENERAL PROVISIONS

Chapter - 18.10 UNDERSTANDING THE LAND USE CODE

A.

Purposes of this title.

1.

Promote and protect the public health, safety, welfare and general prosperity of the city;

2.

Implement the general plan;

3.

Encourage the most desirable and appropriate use of land for open space, residential, commercial, industrial, institutional, and other purposes, including the most desirable mix and intensity of uses and density of population throughout the city;

4.

Ensure the orderly and adequate provision of infrastructure, facilities, and services such as streets, sidewalks, water, sewer, schools, and other public improvements;

5.

Encourage the most appropriate use and occupancy of buildings;

Promote good planning and design;

7.

Provide standards that include: the use and intensity of use of structures and land for residential, commercial, industrial, institutional, or other purposes; population density; the location, height, bulk and size of buildings and other structures; yards, courts, and other private and public open spaces; parking and loading; signs; the division of land; and grading.

(Ord. No. 2024-2529, 4-2-2024)

A.

Limitations on Land Use. Except as otherwise provided:

1.

No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than those uses listed in this title as permitted in the zone in which such building, land, or premises is located.

2.

No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity with the standards and regulations of this title.

B.

Application of Provisions. The provisions of this title shall apply to all structures or land owned, operated or controlled by any person, corporation, or governmental agency, unless specifically excepted by ordinance or by applicable state or federal regulations.

(Ord. No. 2024-2529, 4-2-2024)

18.10.030 - Authority, relationship to the general plan, specific plans, and design guidelines.

A.

Statutory Authority. This title is adopted pursuant to the provisions of the Planning Law, Title 7 of the Government Code of the state.

B.

Relationship to the General Plan. The Land Use Code is the primary tool used to implement the goals and policies contained within the general plan. All matters governed by this title shall substantially conform to the purposes, intent or provisions of the general plan. Any recommendations for zone changes, if found to

be not in conformance with the general plan and its phrasing, should not be permitted unless it is also found that the general plan is in error or in need of change. In this situation, the general plan must also be amended to maintain consistency between the general plan and zoning.

C.

Relationship to Specific Plans. Specific plans are designed to meet the requirements of the State Government Code and National City's General Plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with zoning regulations, the requirements of the adopted specific plan shall take precedence over the Land Use Code. In instances where the specific plan is silent, the Land Use Code shall prevail.

D.

Relationship to Design Guidelines. The city's design guidelines are intended to supplement the general design and development regulations located in Division 4 of this Land Use Code. Conformance to the design guidelines is strongly encouraged, but not mandatory. The design guidelines represent the city's preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between Division 4 of this Land Use Code and the design guidelines, the regulations in Division 4 shall prevail.

(Ord. No. 2024-2529, 4-2-2024)

This Land Use Code shall be administrated by: the city council, the planning commission, and the city manager or his/her designee in compliance with Title 18 of the Municipal Code.

(Ord. No. 2024-2529, 4-2-2024)

18.10.050 - Interpretation of land use code provisions.

A.

Purpose. This section provides rules for resolving questions about the meaning or applicability of any part of this title. The provisions of this section are intended to ensure the consistent interpretation and application of the requirements of this Land Use Code and the General Plan.

B.

Rules of Interpretation.

1.

Authority. The city manager or his/her designee shall have the responsibility and authority on a staff level to interpret the meaning and applicability of all provisions and requirements of this title.

Language.

a.

Terminology. When used in this title, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to ...."

b.

Number of Days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by other state and federal laws, regulations, and agencies.

c.

Number of Months. Whenever a time limit in this title is specified in months, the number of months shall be deemed to be consecutive months.

3.

Calculations and Rounding. Where provisions of this Land Use Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this section.

a.

Residential Density and Number of Lots/Parcels. For example, the RS-1 zoning district allows a minimum lot area of ten thousand square feet for new subdivisions. Therefore, a parcel of thirty-eight thousand square feet could be subdivided into a maximum of three parcels, if approved by the review authority (38,000/10,000 = 3.8, which would be rounded down to three). Refer to Section 18.10.060(C) for rules regarding fractions.

4.

Conflicting Requirements. Any conflicts between requirements of this title, or between this title and other regulations, shall be resolved as follows.

a.

Land Use Code Provisions. In the event of any conflict between the provisions of this title, the most restrictive requirement shall control.

b.

Development Agreements or Specific Plans. In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

c.

Other Regulations. In the event of any conflict between requirements of this Land Use Code and other regulations of the city, the most restrictive requirement shall control as determined by the city.

d.

Private Agreements. It is not intended that the requirements of this Land Use Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Land Use Code became effective. This Land Use Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

e.

General Plan. See Section 18.10.030(B).

5.

Internal Cross-References. When a provision of this Land Use Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another chapter, section, or Subsection of this title, or another provision within the same section or chapter, unless the title of another document is provided.

6.

Zoning Map Boundaries. See Chapter 18.20 (Zoning Map).

7.

Allowable Uses of Land. See Chapters 18.21 through 18.26 for allowable land uses by zoning district.

C.

Procedures for Interpretations.

1.

Whenever the requirements of this title are subject to interpretation generally, or as applied to a specific case, the city manager or his/her designee shall issue a determination or refer the matter to the planning commission for interpretation.

2.

Request for Interpretation. The request for an interpretation or determination shall be filed with the city and shall include all information required by the city.

3.

Referral of Interpretation. The city manager or his/her designee has the option of forwarding any determination of the meaning or applicability of any provision of this title directly to the planning commission for consideration.

4.

Findings, Basis for Interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan, and any applicable specific plan.

5.

Record of Interpretations.

a.

Interpretations shall be written and quote the provisions of this title interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations; and

b.

This title shall be amended to reflect interpretations made as soon as is practical. Until an amendment can occur, the city manager or his/her designee shall maintain a complete record of all interpretations indexed by the number of the chapter or section that is the subject of the interpretation.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. The purpose of this section is to explain how various measurements referenced in this title are to be calculated.

B.

Applicant Responsibility. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the city.

C.

Fractions. When calculating a maximum requirement, round down to nearest whole number. When calculating a minimum requirement, round up to nearest whole number.

D.

Measuring Distances.

1.

Measurements are the Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

2.

Distances are Measured Horizontally. Distances are measured along a horizontal plane unless otherwise specified.

3.

Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure, unless otherwise specified.

4.

Measurements Between Uses. When measuring the distance between two different uses, the measurement is calculated from closest lot line to lot line.

E.

Measuring Height.

1.

General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section. On sloped lots, the height shall be measured from the average grade to the tallest point of the structure.

2.

Measuring the Height of Buildings Located Near Retaining Walls. If any portion of a building lies within the setback area of a lot and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the building wall.

3.

Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within one foot of the face of an above-ground retaining wall, and located in a required yard, the height of the fence shall be measured from the top of the fence to the midpoint height of the retaining wall.

F.

Measuring Lot Width and Depth.

1.

Lot Width. Minimum lot width shall be measured at the front setback line, or from the front property line is there is no required setback, as determined by the zoning of the parcel.

2.

Lot Depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

G.

Determining Floor Area. Floor area is the horizontal area (expressed in square feet) of all floors included within a building or buildings, according to the following rules:

1.

Included in Floor Area. Floor area is deemed to include:

a.

The floor of atrium and lobby areas.

b.

Enclosed and roofed storage and equipment spaces.

c.

Enclosed and roofed halls, stairways, and elevator shafts.

d.

Enclosed and roofed porches and balconies.

e.

Portions of basements and attics that meet building code height requirements for living space.

f.

The actual floor space of mezzanines, interior balconies, and lofts.

2.

Excluded from Floor Area. Floor area does not include:

a.

Unenclosed balconies, decks, porches, and stairs.

b.

Substandard height portions of attics and basements.

c.

The area within a building adjacent to, and in an imaginary horizontal plane with, interior balconies, mezzanines, or lofts.

H.

Determining Floor Area Ratio. Floor area ratio (FAR) is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals twenty thousand square feet, and the lot area is ten thousand square feet, the FAR is expressed as 2.0.

I.

Determining Lot Coverage. Lot coverage is the ratio of the footprint of all structures on a lot to the lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports and roofed porches, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculations:

1.

Unenclosed and unroofed structures; porches, landings, balconies, and stairways less than three feet in height.

2.

Unenclosed and unroofed decks less than eighteen inches in height.

3.

Eaves and roof overhangs projecting up to four feet from a wall.

4.

Trellises and similar structures that do not have solid roofs.

5.

Swimming pools and hot tubs that are not enclosed in roofed structures.

6.

Trash enclosures.

7.

Solar collectors.

(Ord. No. 2024-2529, 4-2-2024; Ord. No. 2026-2559, § 2, 1-20-2026)

A.

Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

B.

Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:

1.

"Applicant" means a person, business, or organization making a written request to the city for reasonable accommodation in the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures.

2.

"Director" means the Community Development Director.

3.

"Disabled person" or "person with a disability" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance.

4.

"Fair Housing Laws" means the "Federal Fair Housing Act," the Americans with Disabilities Act, and the "California Fair Employment and Housing Act," as these statutes now exist or may be amended from time to time, and each Act's implementing regulations.

5.

"Reasonable accommodation" means any deviation requested and/or granted from the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures.

C.

Authority of the Planning Director. The planning director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation.

D.

Procedure for Application Review.

1.

Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.

2.

Application. An application for a reasonable accommodation shall be made on a form provided by the Planning Department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

3.

Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

4.

Required Submittals. An application for a reasonable accommodation shall include the following:

a.

Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability;

b.

The name and address of the individual(s) requesting the reasonable accommodation;

c.

The name and address of the property owner(s);

d.

The address of the property for which accommodation is requested;

e.

A description of the reasonable accommodation requested by the applicant;

f.

An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence;

g.

Where applicable, documentation that the requested accommodation is designed and constructed pursuant to the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities.

5.

The planning director may request additional information from the applicant if the application does not provide sufficient information for the City to make the findings required in Subsection E.

E.

Basis for Approval or Denial of a Reasonable Accommodation.

1.

Findings. The written decision shall be based on the following findings, all of which are required for approval:

a.

The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws;

b.

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

c.

The requested accommodation will not impose an undue financial or administrative burden on the City;

d.

The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program;

e.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

2.

In determining whether the requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling, pursuant to Subsection (E)(1)(b), the City may consider, but is not limited to, the following factors:

a.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

b.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

c.

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

d.

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

3.

In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the City's zoning program, pursuant to Subsection (E)(1)(d), the City may consider, but is not limited to, the following factors:

a.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

b.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

c.

Whether granting the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable specific plan;

d.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

4.

Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

F.

Notice of Decision.

1.

The planning director shall issue a written determination to approve, conditionally-approve, or deny a request for a reasonable accommodation. The planning director may elect to forward the matter to the Planning Commission for consideration of the application.

2.

Appeals of the Director's action shall be made in accordance with Section 18.12.060.

G.

Expiration, Time Extension, Violation, Discontinuance, and Revocation.

1.

Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless:

a.

A building permit has been issued and construction has commenced;

b.

A certificate of occupancy has been issued;

c.

The use is established; or

d.

A time extension has been granted.

2.

Time Extension.

a.

The planning director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in oneyear increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions.

b.

Notice. Notice of the planning director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

c.

Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the City Council within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 18.12.060 of this code.

3.

Discontinuance. If the disabled persons for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the planning director determines that: (a) the modification is physically

integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code; or (b) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

4.

Revocation. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

H.

Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.11 - NONCONFORMING USES, STRUCTURES, AND PARCELS

Within the zones established by this title, there exist uses, structures and lots which were lawful before the Land Use Code was adopted or amended, but which would be prohibited under the terms of this title or future amendment to this title. It is the intent of this title to permit these nonconforming uses to continue

until they are terminated, but not to encourage their expansion. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of the Land Use Code, provided such permit construction is diligently carried to completion.

(Ord. No. 2024-2529, 4-2-2024)

Any lawful nonconforming use existing at the time of adoption of the Land Use Code may be continued, provided such use is continually maintained and occupied. A nonconforming use in either a conforming building or a nonconforming building, structure, or portion of either shall neither be extended to any portion of the building or structure not so used nor be enlarged or extended to any other portion of the lot not actually so occupied at the time said use became nonconforming, except as otherwise provided in this chapter.

(Ord. No. 2024-2529, 4-2-2024)

A.

Changes to Nonconforming Uses. No existing building or premises designed, arranged, intended, or devoted to a use not permitted in the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, except:

1.

Work done in any period of twelve months on ordinary structural alterations or replacements of walls, fixtures or plumbing not exceeding twice the building's assessed value, according to the assessment thereof by the county assessor for the fiscal year in which such work is done, shall be permitted.

2.

These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided, however, that all setback requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of the site.

3.

A single-family detached dwelling may be reconstructed or remodeled in accordance with the standards of the existing structure, i.e., in the same building location on the lot, the same size of the existing structure, and the same height as the existing structure; however, different materials and architectural details may be used.

A nonconforming use located in the Westside Specific Plan area that substitutes another nonconforming use in compliance with Section 18.11.040 may expand, enlarge, reconstruct, or structurally alter the footprint of the existing building or structure for that substituted nonconforming use up to twenty percent within the existing parcel in which it is located, subject to first obtaining a conditional use permit.

(Ord. No. 2024-2529, 4-2-2024)

A.

Conversion of Nonconforming Uses. A nonconforming use may not be converted to any use except to a specifically permitted use in the zone of the parcel on which it is located; except that conversion of a lawful nonconforming use to a nonconforming use found by the planning commission to be a lawful nonconforming use on another site within the same zone may be allowed where a conditional use permit therefore has been approved; provided, that this shall in no way extend the abatement provisions contained in this chapter. The exception stated in this paragraph of allowing a conversion of a lawful nonconforming use to another nonconforming use within the same zone does not apply to nonconforming uses located within the Westside Specific Plan area.

B.

Nonconforming Uses Located Within the Westside Specific Plan Area.

1.

A nonconforming use located on a parcel or parcels located within the Westside Specific Plan may not be converted to any use except to a specifically permitted use in the zone of the parcel or parcels on which it is located, except as follows:

a.

A nonconforming use may be converted to any use which is specifically permitted in the allowable uses for any of the zones identified in Appendix A of the Westside Specific Plan.

2.

A nonconforming use that converts to another nonconforming use from Appendix A may enlarge and alter their footprint to the extent allowed in Section 18.11.030.

C.

Nonconforming Uses in the CA Zone. In the CA zone where there exists commercial retail shopping facilities which became nonconforming at the time of the adoption of the Land Use Code, such facilities may continue to lease commercial space to uses typical of such facilities but not otherwise permitted in the CA zone.

(Ord. No. 2024-2529, 4-2-2024)

A.

Nonconforming Buildings or Structures that Become Damaged. A nonconforming building or structure which is damaged or destroyed by fire, explosion, or natural disaster may be restored and the occupancy or use of such structure or part thereof existing at the time of such partial destruction may be continued or resumed provided:

1.

Such restoration results in an equal or lesser degree of nonconformity;

2.

The total cost of such restoration for structures other than single-family detached dwellings does not exceed one-half the replacement cost of the structure at the time of such damage (the replacement cost will be calculated by the department of building and housing);

3.

Such restoration is started within a period of one year and is carried out diligently to completion;

4.

Such damage or destruction of structures is not intentionally caused by the owner.

(Ord. No. 2024-2529, 4-2-2024)

Religious Institutions of a permanent nature which became nonconforming at the time of adoption of the Land Use Code may be continued, reconstructed, structurally altered, extended or enlarged subject to plans approved by the planning commission for any reconstruction, alteration, extension or enlargement and provided such reconstruction, alteration, extension or enlargement conforms with all other provisions of this title; and provided, further, that said extension, reconstruction, alteration or enlargement shall not be extended to additional property beyond the parcel(s) upon which the nonconforming use exists.

(Ord. No. 2024-2529, 4-2-2024)

A.

Nonconforming Single-Family Dwellings. Single-family dwellings which became nonconforming uses at the time of adoption of the Land Use Code or of amendments to the code may be continued, reconstructed, structurally altered, extended or enlarged in conformance with the following:

1.

Enlargement or extension of a single-family detached dwelling shall conform to the standards of the zone which applies to the property. If a proposed enlargement or extension, except in the coastal zone, results in

more than two thousand five hundred square feet of floor area and/or more than four bedrooms, parking facilities shall be provided for the increase but not for any existing deficiency in such facilities. Parking facilities required as a result of this section may be provided in a garage, carport, or surface space.

2.

No increase in parking over that previously provided shall be required for reconstruction of a nonconforming single-family residential use destroyed or partially destroyed by natural disaster, but may be permitted, in conformance to development standards of the zone which applies to the property.

(Ord. No. 2024-2529, 4-2-2024)

18.11.080 - Nonconforming parking facilities.

A.

Use Made Nonconforming by Off-Street Parking Requirements.

1.

Any use, excluding a single-family detached dwelling, which is nonconforming only because of changes made in the off-street parking requirements by the adoption of the Land Use Code, or any amendment thereto, may be expanded, increased or modified, or converted to a conforming use, and no addition to or change in the off-street parking facilities shall be required except as identified below.

2.

If the existing off-street parking facilities are not sufficient to comply with the requirements of this title after such expansion, increase or modification, additional parking facilities shall be added.

3.

The capacity of said facilities shall equal the difference between the off-street parking facilities this title would require for such use as expanded, increased or modified, and the off-street parking facilities as required for such use before said expansion, increase or modification.

4.

This shall not apply to entertainment and public assembly type uses which shall provide the full amount of parking otherwise required.

5.

Any additional off-street parking facilities provided under these conditions shall be developed pursuant to the provisions of Chapter 18.45 (Off-Street Parking and Loading).

6.

Any modification of off-street parking requirements permitted by this section shall not be construed to extend the termination date of the subject nonconforming use, as specified by this title.

(Ord. No. 2024-2529, 4-2-2024)

A.

Nonconforming Sign Regulations.

1.

In cases where the area of signs existing as a lawful nonconforming use on a property exceeds the total allowable area for permitted signs, no additional signs shall be permitted on the property. If the size or configuration of a parcel or building is changed by the subdivision or splitting of the property or alterations to the building or parcel, property identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created parcel or parcels, at the time such change becomes effective.

2.

In the event a use of any site or building is vacated, terminated or abandoned, for any reason, for a period of more than one ninety consecutive days, the owner or person in possession of the property shall be responsible for the removal of all signs on the property, building or wall, or for having the copy thereon painted out, immediately upon notice from the city.

3.

Nonconforming signs shall be removed or made conforming when the business or property changes occupancy or ownership.

(Ord. No. 2024-2529, 4-2-2024)

A.

Violation of Title. Any of the following violations of this title shall immediately terminate the right to operate a nonconforming use, except as otherwise provided in this title:

1.

Changing a nonconforming use to a use not permitted in the zone;

2.

Increasing or enlarging the area, space, or volume occupied by or devoted to such nonconforming use;

3.

Addition to a nonconforming use of another use not permitted in the zone.

B.

Discontinuance. A nonconforming use or structure shall become discontinued, except when extended as otherwise provided in this title, when it is:

1.

Succeeded by a conforming use;

2.

Discontinued and not re-established within a period of twelve or more consecutive calendar months;

3.

Discontinued and not re-established within a period of eighteen or more nonconsecutive calendar months in a twenty-four-month period.

C.

Termination by Operation of Law. The following conditions will result in a termination of nonconforming signs.

1.

Termination by Abandonment. Any nonconforming sign, the use of which is discontinued for a period of ninety days, regardless of any intent to resume or not to abandon such use, shall be deemed to be

abandoned and shall not thereafter be re-established. Any period of such discontinuance caused by government actions, strikes, material shortages or forces of nature, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this section.

2.

Termination by Change of Business. Any nonconforming sign advertising or relating to a business on the premises on which it is located shall be terminated upon any change in the ownership or control of such business.

3.

Termination by Damage or Destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of thirty-five percent of its replacement cost new shall not be restored but shall be terminated.

4.

Termination by Going Out of Business/Closure of Business. No sign that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.

5.

Termination Due to Lack of Repair. Failure to keep a nonconforming sign in good repair within one year after notification by the city shall constitute abandonment and subject to termination.

D.

Affirmative Termination by Amortization.

1.

The city council of the city of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the planning commission. The planning commission shall conduct a public hearing after ten days' written notice to the nonconforming user. If the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a minimum of one year after the date of the order. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to the public health or safety may be terminated

immediately, pursuant to Chapter 1.36 of this Municipal Code. In making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the planning commission shall consider:

a.

The total cost of land and improvements;

b.

The length of time the use has existed;

c.

Adaptability of the land and improvements to a currently permitted use;

d.

The cost of moving and reestablishing the use elsewhere;

e.

Whether the use is significantly nonconforming;

f.

Compatibility with the existing land use patterns and densities of the surrounding neighborhood;

g.

The possible threat to public health, safety, or welfare; and

h.

Any other relevant factors.

The term "nonconforming use" when used in this section shall include nonconforming uses, nonconforming structures, and nonconforming lots, consistent with the intent of this title.

This amortization section does not apply to any lawful nonconforming residential uses.

Failure to comply with the city council's order to terminate a nonconforming use shall constitute a violation of this chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this code.

2.

That a notice of exemption shall be filed indicating that this amendment to the Municipal Code is exempt from the California Environmental Quality Act, because it can be said with certainty that there is no possibility that the action will have a significant effect on the environment as it does not have a direct effect on any property or environmental consequence.

E.

Unlawful Uses and Structures. Uses and structures that did not comply with the applicable provisions of this Land Use Code or prior planning and zoning regulations when established are violations of this code and are subject to the provisions of Title 1 of the Municipal Code (Administration and Enforcement). This section does not grant any right to continue occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue unless/until permits or entitlements required by this Land Use Code and the Municipal Code are first obtained.

(Ord. No. 2024-2529, 4-2-2024)

A.

Historic Structures. Nonconforming structures of historical significance may be altered or enlarged with a building permit approval granted by the city manager or his/her designee, without conforming to current setback provisions; provided the historic structure:

1.

Has been certified to be an historic resource by the city, county, or state, or in the National Register of Historic Places; or

2.

Is to be altered or enlarged as an authentic replica of the original structure.

B.

Single-family Dwellings. Single-family dwellings are exempt from the provisions of Section 18.11.100 as follows:

1.

Height. An existing single-family dwelling that is nonconforming only because it exceeds the height limit of the applicable zone, shall not be required to comply with the provisions of this title.

2.

Setbacks. Where a single-family dwelling or a detached accessory structure, is nonconforming only by reason of substandard setbacks, the provisions of this title shall not apply; provided that any structural alteration of a nonconforming structure shall not increase the degree of nonconformity, and any enlargements shall comply with the setback requirements of the applicable zoning district.

3.

Parking. A single-family dwelling that is nonconforming with respect to the parking requirements of this Land Use Code is exempt from requirements of this title that would otherwise require compliance with the parking requirements of this Land Use Code.

C.

Destroyed Nonconforming Dwelling Units.

1.

Where the city manager or his/her designee determines that a nonconforming single- or multi-family dwelling unit has been involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.) or natural disaster (e.g., earthquake, etc.), the unit may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and floor area); provided:

a.

The applicant provides documentation, satisfactory to the review authority, supporting the claim that the damage or destruction occurred involuntarily;

b.

No expansion of the gross floor area or number of dwelling units occurs;

c.

The replacement structure:

i.

Is in compliance with the current building code; and

ii.

Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure;

d.

A building permit is issued no later than twelve months after the date of destruction, and construction is diligently pursued to completion.

2.

If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for the required building permit.

D.

Seismic Retrofitting. Alterations, reconstruction, or repairs otherwise required by law (e.g., city adopted building, electrical, plumbing codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without cost limitations; provided, the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements.

E.

Nonconforming Upon Annexation. Nonconforming uses or structures, or both, which are lawfully existing at the time the property on which they are located is annexed to the city, and which do not conform to the regulations of the subject zoning district following annexation, shall be deemed legal nonconforming uses or structures, or both, and shall, upon annexation, be subject to the provisions of this chapter.

F.

Nonconforming Due to a Lack of a conditional use permit.

1.

Conformity of Uses Requiring Conditional Use Permits. A use that becomes nonconforming only because it is a use that would be required by this Land Use Code to have conditional use permit approval shall be deemed conforming, but only to the extent that it previously existed prior to adoption of the Land Use Code (e.g., maintain the same site area boundaries, hours of operation, etc.).

2.

Previous Conditional Use Permits in Effect. A use that was authorized by a conditional use permit prior to adoption of this Land Use Code, but is identified in this Land Use Code as a use that is not allowed in its current location, may continue, but only in compliance with the original conditional use permit.

G.

Previous Permits. A use or structure which does not conform to the current regulations of the subject zoning district, but for which a building permit, or a permit or entitlement approved in compliance with this Land Use Code, was issued and work substantially completed before the applicability of this Land Use

Code, may be completed; provided, the work is diligently pursued to completion. Upon completion these uses or structures, or parts thereof, shall be deemed to be legal nonconforming and shall thereafter be subject to the provisions of this chapter.

H.

Development Standards. The requirements of this title relating to yards, building and structure height, area, and off-street parking requirements, for any use for which a conditional use permit is required, shall be observed, except where the planning commission and/or city council finds that specific alterations and/or exemptions with reference to such requirements are reasonable and are required to be made. Such findings shall be made only at the same time the permit is approved.

I.

Public Acquisition. Nonconforming due to public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this chapter by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the city for any public purpose, or eminent domain proceedings, which result in the acquisition by the city or any agency authorized for the eminent domain proceedings of a portion of the property, the structure or parcel shall not be deemed nonconforming within the meaning of this chapter.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. To provide a process for the temporary use of buildings that were previously legal nonconforming and lost their nonconforming status due to lack of use and establish a set amount of time for their use in the interim period between the current nonconforming situation and the eventual redevelopment of the property. The interim use will require administrative review in order to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

B.

Applicability. An interim use permit is required to authorize proposed interim land uses as being allowable in the applicable zoning district subject to the approval of an interim use permit.

C.

Application Requirements. An application for an interim use permit shall contain all information required by the city manager or his/her designee necessary to determine compliance with the Land Use Code and to accomplish the requirements of this section, including the means to provide notice of the application. It is the responsibility of the applicant to provide evidence in support of the findings required by this section. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. The application shall include a timeline for eventual redevelopment of the property.

D.

Notice of Application.

1.

The designated staff person shall mail notice of the application no later than ten days after an application has been deemed complete to:

a.

The applicant; and

b.

The owners of any real property, as shown on the latest equalized property tax assessment roll of the San Diego County Assessor, located within three hundred feet of the boundary of the property that is the subject of the application.

E.

Contents of the Notice of Application.

1.

The notice of application shall include at least the following information:

a.

A general description of the proposed use, including activities and duration of the use.

b.

The location and size of the property that is the subject of the application.

c.

The name, telephone number, and city address of the designated staff person to contact for additional information.

d.

An explanation that an interim use permit is an administrative process whereby the decision to approve, conditionally approve, or deny the proposed development will be made by the planning division without a public hearing.

e.

An explanation of the process to appeal the decision.

F.

Requests for Notice of Decision. Persons who wish to receive notice of the approval or denial of the application may request this information from the staff person indicated in the notice of application. The request must be received no later than ten business days after the date on which the notice of application is mailed.

G.

Findings and Decision. The planning division may approve or deny an application for an interim use permit. The designated staff person shall record the decision and the findings on which the decision is based. The planning division may approve an interim use permit only after first finding all of the following:

1.

The proposed use is consistent with the General Plan and any applicable specific plan;

2.

The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity;

3.

The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

4.

Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

H.

Issuance of Permit and Duration.

1.

Upon the approval of an application, the planning division shall authorize the issuance of an interim use permit, with or without conditions, and one copy of which shall be forwarded to each of the following:

a.

The applicant;

b.

The building official;

c.

Any other department or agency the planning division considers affected by the issuance of the permit; and

d.

The division files for permanent retention.

2.

Interim use permits shall be in effect for five years, at which time up to two annual extensions may be granted for a total of seven years. Application for an extension shall be subject to a nonrefundable fee, in such amount as established by the city council from time to time by resolution and in effect at the time of filing of the extension. Extensions exceeding two additional years or seven total years may be requested and require a public hearing and approval by the Planning Commission.

3.

No expansion of the premises shall be permitted.

I.

Conditions of Approval. In approving an interim use permit, the planning division may impose any conditions deemed reasonable and necessary to ensure that the approval would comply with the findings required by this section.

J.

This Code section shall be in effect for 15 years from time of adoption, at which time the Interim Use Permit program will cease and all issued Interim Use Permits shall be null and void.

(Ord. No. 2026-2559, § 3, 1-20-2026)