§ 17.71

This Chapter establishes uniform provisions for the regulation of nonconforming land uses, structures, and lots.

A.

Within the zoning districts established by this Zoning Code, there exist land uses, structures, and lots that were lawful before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or under future amendments.

B.

It is the overall intent of this Chapter to generally discourage the long-term continuance of nonconformities and to:

1.

Limit the number and extent of specific nonconforming uses and structures that conflict with the provisions of this Zoning Code by prohibiting their reestablishment after abandonment or, in some cases, their enlargement;

2.

Allow for the reconstruction of nonconforming residential dwelling units that are involuntarily damaged or destroyed;

3.

Limit the extent to which nonresidential uses that are involuntarily damaged or destroyed can be restored;

4.

Allow for the continuation and maintenance of specific nonconforming uses and structures;

5.

Establish procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and structures;

6.

Limit the alteration, enlargement, or relocation of nonconforming structures in a manner that would further increase the difference between existing nonconforming conditions and the current provisions of this Zoning Code; and

7.

Eliminate specific nonconforming uses and structures.

The provisions of this Chapter shall apply to all nonconforming uses, structures, and lots located within any zoning district in the City. This Chapter does not apply to land uses, structures, and lots that were illegally established, constructed, or divided. These are instead subject to Chapter 17.78 (Enforcement).

The following provisions shall apply to all nonconforming uses, structures, and lots existing as of the effective date of this Chapter:

A.

Maintained and continued.

1.

Nonconforming use. A nonconforming use may be maintained and continued; provided there is no increase or enlargement of the area, space, or volume occupied or devoted to the nonconforming use, except as allowed by this Chapter.

2.

Nonconforming structure. A nonconforming structure may be maintained and continued; provided there is no physical change other than necessary maintenance and repair to the structure, except as allowed by this Chapter.

B.

Change of use. Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a conforming use shall not again be used or occupied by a nonconforming use.

C.

Replacement of a nonconforming use prohibited. The nonconforming use of a structure or site shall not be changed to another nonconforming use.

D.

Nonconforming signs. Nonconforming sign provisions are located in Section 17.48.140 (Nonconforming Signs).

17.71.040 - Continuation of Nonconforming Uses and Structures

Each and every nonconforming use or structure may be continued and maintained, provided that there is no addition, alteration, or enlargement to any use or structure, except as allowed by this Chapter, or unless ordered discontinued, modified, or removed as a public nuisance in compliance with Municipal Code Chapter 14.50 (Property Maintenance and Nuisance Abatement).

So long as a nonconforming use or structure exists upon a lot, no new use or structure may be constructed, established, or installed on the lot, except as allowed by this Chapter.

Nonconforming uses and structures shall be subject to abatement and termination of the use, in the following manner:

A.

Termination for violation of or change of use. Whenever any of the following facts are found to exist with reference to a nonconforming use, the nonconforming protection/benefits provided by this Chapter shall cease, and the use shall be abated, except as otherwise allowed by this Chapter.

1.

Violation of any applicable law;

2.

The revocation or termination or suspension of any license or permit that is required in order to operate the nonconforming use;

3.

A change from a nonconforming use to another nonconforming use;

4.

A change from a nonconforming use to a conforming use;

5.

An increase or enlargement of the area, space, or volume of the structure or land occupied by or devoted to the nonconforming use except if the structure is nonconforming with respect to setbacks, height, distance between structures, architectural projections, staircase and landing area encroachments, and the requirements of the City's adopted Building Code are met. No new additions or alterations shall increase existing nonconformities; or

6.

A structural alteration, except as required by law.

B.

Termination of nonconforming uses by discontinuance.

1.

Without any further action by the City, a nonconforming use shall lose its nonconforming status and shall not be reestablished if the nonconforming use is discontinued for any reason for a continuous period of at least 12 months.

2.

A nonconforming use within a structure shall also lose its nonconforming status if the structure is moved any distance on the site for any reason, or is removed from the site.

3.

The determination of discontinuance (aka abandonment) shall be supported by evidence, satisfactory to the Zoning Administrator (e.g. the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use and not replaced, the turning off of the previously connected utilities, or where there are no business receipts/records or any necessary licenses available to provide evidence that the use is in continual operation).

4.

In an appeal of the Zoning Administrator's determination that the use has lost its nonconforming status by discontinuance, the appellant shall be required to present evidence satisfactory to the Zoning Administrator showing that the use is in continual operation.

5.

The use of the site after the discontinuance or removal of a nonconforming use shall comply with all current requirements of this Zoning Code and the subject zoning district.

6.

This Section shall not apply to nonconforming uses which do not comply with the residential density regulations for the subject zoning district.

C.

Termination by operation of law. Nonconforming uses and structures listed in Table 7-1 shall be discontinued and removed from their sites, altered to conform, or altered to decrease the degree of nonconformity within the specified time after they become nonconforming. Additional time for abatement of the nonconformity may be granted by a Variance, in compliance with Section 17.61.080.

Uses that are nonconforming with respect to the performance standards required by this Zoning Code.

3 years

(Ord. 7373, § 1, 2021; Ord. 7172 § 1, 2009)

A.

Ordinary repair and maintenance.

1.

Ordinary repair and maintenance may be performed on a structure or site, the use of which is nonconforming; and

2.

Ordinary repair and maintenance of a nonconforming structure shall be allowed.

B.

Nonresidential uses or structures. Whenever a nonconforming nonresidential use or structure is involuntarily damaged or destroyed by a catastrophic event (e.g., fire or other calamity, by act of God, or by the public enemy):

1.

75 percent or less. To the extent of 75 percent or less, the use or structure may be rebuilt and resumed.

2.

Greater than 75 percent. To an extent greater than 75 percent, or is voluntarily razed or is required by law to be razed, the use or structure shall not be resumed, except in full conformance with the current provisions of this Zoning Code.

3.

Issuance of Building Permit within 24 months. The damaged use or structure may be rebuilt and resumed provided that a Building Permit for the reconstruction or repair is issued within 24 months after the date of destruction and the construction is diligently pursued to completion.

4.

Central District. To an extent greater than 75 percent, and if located within the Central District, the structure may be rebuilt and its use resumed, provided that:

a.

The replacement structure matches the original structure in terms of exterior materials, height, setbacks, and building configuration;

b.

The replacement structure is in compliance with the City's adopted Building Code; and

c.

A Building Permit for the reconstruction is issued within 24 months after the date of destruction and the construction is diligently pursued to completion.

5.

Self-storage Use. To an extent greater than 75 percent, a self-storage use may be rebuilt and its use resumed; provided, that:

a.

The replacement structure is in compliance with the City's adopted Building Code; and

b.

A Building Permit for the reconstruction is issued within 24 months after the date of destruction and the construction is diligently pursued to completion.

C.

Calculation. The extent of damage or partial destruction shall be determined by comparing the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or destruction occurred. Estimates for this purpose shall be reviewed and approved by the Zoning Administrator.

D.

Assessed value. For the purpose of this Section, "assessed value" shall mean the assessed value of the structure as shown on the current County property assessment roll in effect at the time of the occurrence of the casualty, or at the time the repair and maintenance is first conducted.

Nothing in this Chapter shall be deemed to prevent the construction, enlargement, expansion, extension, or reconstruction (hereafter referred to as "work") of a nonconforming structure in the following manner:

A.

Elimination of nonconformity. The work shall be allowed in order to render the use or structure in conformity with this Zoning Code;

B.

Compliance with laws. The work shall be allowed in order to comply with any law enacted subsequent to the adoption of this Zoning Code;

C.

Seismic retrofitting/Building Code compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

1.

Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards in compliance with Municipal Code Chapter 14.06 (Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings); and

Reconstruction required to comply with the City's adopted Building Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards and/or other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations, etc).

D.

Alteration or enlargement of a nonconforming structure.

1.

A nonconforming structure shall not be altered or enlarged so as to further increase the difference between existing conditions and the current development standards identified for the subject zoning district, unless a Variance or Minor Variance is obtained in compliance with Section 17.61.080. Alteration and enlargement may occur, but only in compliance with the current applicable development standards.

2.

A nonconforming structure shall not be enlarged or moved unless the enlargement or new location conforms to the current development standards identified for the subject zoning district.

E.

Alteration or enlargement of a nonconforming use shall require a permit.

1.

A nonconforming use may not be altered or enlarged unless a Minor Conditional Use Permit is first obtained, in compliance with Section 17.61.050.

2.

The use shall comply with the performance standards and applicable development standards for the subject zoning district.

3.

There shall be no expansion of a nonconforming use onto an additional lot, adjacent or otherwise.

(Ord. 7099 § 52, 2007)

A.

Nonconformance with loading, parking, and screening standards. A use that does not conform with the loading, parking, planting area, or screening standards of the zoning district in which it is located shall not be deemed a nonconforming use solely for these reasons.

B.

Residential uses or structures.

1.

Nonconforming single- and multi-family dwelling units (including the residential component of a mixed-use project) that have been involuntarily damaged or destroyed by a catastrophic event (e.g., fire or other calamity, by act of God, or by

the public enemy) may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structures (e.g. setbacks, square footage, building height, and density standards) in compliance with State law (Government Code Section 65852.25), provided:

a.

The applicant provides documentation satisfactory to the Zoning Administrator supporting the claim that the damage or destruction occurred involuntarily;

b.

No expansion of the gross floor area occurs;

c.

The replacement structure is in compliance with City's adopted Building Code; and

d.

A Building Permit is issued within 24 months after the date of destruction and the construction is diligently pursued to completion.

2.

If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Zoning Code in effect on the date a Building Permit is issued.

C.

Public utilities exempt. The foregoing provision of this Chapter concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially damaged or destroyed, shall not apply to a public utility structure that distributes a utility service (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric generating stations, water wells and pumps, etc.); nor shall any provision of this Chapter be construed or applied to prevent the expansion, modernization, or replacement of public utility structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided that this Section shall not exempt the uses from the provisions of this Chapter covering nonconformity of the uses or structures not immediately related to the direct service to consumers (e.g., storage yards, warehouses, etc.)

Notwithstanding the other provisions of this Chapter, no use identified in this Zoning Code as a "Conditional Use" that was lawfully in existence as of the effective date of these regulations, shall be deemed nonconforming solely by reason of the application of the Conditional Use Permit procedural requirements, in compliance with Section 17.61.050; provided, that:

A.

Use allowed with Conditional Use Permit approval. A land use that was legally established without a Conditional Use Permit, but would be required by current Zoning Code provisions to have Conditional Use Permit approval, shall not be altered or enlarged in any way unless a Conditional Use Permit is first obtained.

B.

Use no longer allowed with Conditional Use Permit approval. A land use that was established with Conditional Use Permit approval, but is not allowed with Conditional Use Permit approval by the current Zoning Code, may continue only

in compliance with the original Conditional Use Permit. If the original Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the requirements of the Conditional Use Permit.

A.

Determination of nonconforming status. A nonconforming lot of record that does not comply with the current access, area, or dimensional requirements of this Zoning Code for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this Section. The applicant shall be responsible for providing sufficient evidence to establish the applicability of one or more of the following to the satisfaction of the Zoning Administrator.

1.

Approved subdivision. The lot was created through a subdivision approved by the City or the County, before incorporation.

2.

Individual lot legally created by deed. The lot is under one ownership and record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the lot nonconforming or before the City adopted regulations requiring a Parcel Map for minor subdivisions.

3.

Variance or lot line adjustment. The lot was approved through the Variance procedure (Section 17.61.080) or its current configuration resulted from a lot line adjustment.

4.

Partial government acquisition. The lot was created in conformity with the provisions of this Zoning Code, but was made nonconforming when a portion of the lot was acquired by a governmental entity.

B.

Further subdivision prohibited. Where structures have been erected on a nonconforming lot, the area where the structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site area or frontage below the requirements of the applicable zoning district or other applicable provisions of this Zoning Code, or in any way that makes the use of the lot more nonconforming.

A.

Failure to meet minimum requirements. A nonconforming structure located on property acquired for public use may be relocated on the same lot even though the current minimum lot area or setback requirements of this Zoning Code cannot reasonably be complied with. Where a part of the structure is acquired for public use, the remainder of the structure may be reconstructed, remodeled, or repaired with the same or similar kind of materials used in the existing structure. However, the materials shall conform to the requirements of the City's adopted Building Code.

B.

Involuntary destruction. A nonconforming structure, or portion thereof, located on the lot remaining after acquisition of the property for public use which is thereafter involuntarily damaged or destroyed by a catastrophic event (e.g., fire or other calamity, act of God, or the public enemy), may be rebuilt or reconstructed on the same lot even though the current

minimum lot area or setback requirements of this Zoning Code cannot reasonably be complied with. However, the floor area and cubical contents of the structure, or portion thereof, shall not be increased.

C.

Does not apply to uses. The provisions of this Subsection shall not apply to a nonconforming use existing at the time of acquisition of the property for public use.

D.

Off-premise signs. Any off-premise sign located on property acquired for public use may be relocated on the same lot or site through the approval of a minor conditional use permit.

A.

Violations. Uses and structures that did not comply with the applicable provisions of this Zoning Code or prior planning and zoning regulations when established are violations of this Zoning Code and are subject to the provisions of Chapter 17.78 (Enforcement).

B.

Illegal uses and structures prohibited. This Chapter does not grant any right to continue occupancy of property containing an illegal use or structure.

C.

Permits required. The illegal use or structure shall not continue unless/until permits and entitlements required by this Zoning Code and the Municipal Code are first obtained.

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the City, in compliance with Municipal Code Chapter 14.50 (Property Maintenance and Nuisance Abatement).

Chapter 17.72 - Appeals[[1]]

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