Chapter 17.62 — NONCONFORMING USES AND STRUCTURES

This section is intended to limit the number and extent of nonconforming uses by regulating their enlargement, reestablishment after abandonment, and alteration or restoration after destruction of the structures they occupy. This section is also intended to limit the number and extent of nonconforming structures by prohibiting their movement, alteration, or enlargement in a manner that would increase the discrepancy between existing conditions and the standards currently prescribed in this code.

(Ord. No. 1000 § 4, 2022)

• A. A use lawfully operating on a property or within a building/structure or on a property that does not conform with the use regulations or the site development regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued to operate, except as otherwise limited in this section.

• B. A building/structure lawfully occupying a site that does not conform with the standards for front yard, side yards, rear yard, height, coverage, distances between structures, and parking facilities for the district in which the structure is

located shall be deemed to be a nonconforming structure and may be used and maintained, except as limited provided in this section.

• C. Routine maintenance and repairs may be performed on a nonconforming use or structure. (Ord. No. 1000 § 4, 2022)

• A. No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or any other 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, except as permitted in this section.

  1. A nonconforming residential structure may be enlarged, altered or renovated in a manner which decreases the degree of nonconformity or does not increase the degree of nonconformity, provided that such enlargement, alteration, or renovation does not violate any other provision of this title.

• B. No nonconforming structure shall be altered or reconstructed that results in an increase of the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, distances between structures, and parking facilities as prescribed in the regulations for the district in which the structure is located except as permitted in this section.

• (Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023)

Whenever a nonconforming use has been replaced by a conforming use or has been discontinued for a continuous period of 180 days or more, the nonconforming use shall not be reestablished, and the use of the building/structure or property thereafter shall conform with the current regulations for the district in which it is located, provided that this section shall not apply to nonconforming dwelling units. Notwithstanding the foregoing, the period of continuous discontinued use shall be extended to 365 days or more for industrial, manufacturing, and processing uses, as those uses are defined in section 17.32.020 of chapter 17.32 of this code.

(Ord. No. 1000 § 4, 2022; Ord. No. 1035, 12/18/2024)

The planning director may consider and approve, or conditionally approve, a request to change a nonconforming use to a different nonconforming use, provided that:

• A. There is no new building/structure proposed beyond any existing building/structure on the property;

• B. The different nonconforming use is not of greater intensity or type resulting in an increase in: traffic, noise, odor, lighting, residential dwelling units, the need for additional parking, and improvements required to ensure compliance with building and fire codes; and

• C. A minor use permit is obtained.

(Ord. No. 1000 § 4, 2022)

• A. An involuntarily damaged or destroyed nonconforming single-or multi-family dwelling unit may be reconstructed or replaced with a new structure within the same footprint (including pre-existing nonconforming setbacks), height, and number of dwelling units, in compliance with current building and fire code requirements.

• B. If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the appraised value of the structure immediately before the damage, the structure may be restored to its nonconforming condition and the nonconforming use continued. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure, as it existed prior thereto. Estimates for this purpose shall be made by, or shall be reviewed and approved by, the building official and shall be based on the minimum cost of construction in compliance with the building code.

• C. Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all of the following:

  1. Reconstruction shall start within one year from the date of the damage, and such reconstruction shall be diligently pursued to completion.

  2. Rebuilding/restoration of a nonconforming use or structure shall require the issuance of a minor use permit.

  3. The California Building Standards Code as that code was in effect at the time of reconstruction, restoration, or rebuilding.

  4. Any more restrictive local building standards authorized pursuant to §§ 13869.7 , 17958.7 , and 18941.5 of the Health and Safety Code, as those standards were in effect at the time of reconstruction, restoration, or rebuilding.

  5. The State Historical Building Code (Part 2.7 (commencing with § 18950 ) of Division 13 of the Health and Safety Code) for work on qualified historical buildings or structures.

  6. Local zoning ordinances, so long as the pre-damage size and number of dwelling units are maintained.

  7. Architectural regulations and standards, so long as the pre-damage size and number of dwelling units are maintained.

• D. The reconstruction, restoration, or rebuilding of a single-or multi-family dwelling may be prohibited if it is determined that:

  1. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood.

  2. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted.

  3. The building is located in an industrial zone.

• E. With respect to other development, whenever a structure which does not comply with the standards for front, side, and rear yards; height of structures; distances between structures; and parking facilities as prescribed in the regulations for the zone in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent 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 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 for the zone in which it is located, and the nonconforming use shall not be resumed.

  1. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure, as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the building official and shall be based on the minimum cost of construction in compliance with the building code.

  2. Alteration, expansion, or restoration of a nonconforming use or structure shall require the issuance of a minor use permit.

• (Ord. No. 1000 § 4, 2022)

A nonconforming lot may be used, developed, or improved subject to the following:

• A. A nonconforming lot shall only be allowed those uses that are permitted by the underlying zone and such uses shall be subject to all other provisions of this title. For exceptions, see nonconforming uses in section 17.62.030 (Alterations and additions to nonconforming uses and structures).

• B. A nonconforming lot may be developed or improved provided that the nonconforming lot was legally created and the development or improvement and uses conforms to all provisions of the Development Code, including the standards of the applicable zone, with the exception of the nonconforming lot size, dimension or configuration.

• C. Nonconforming lots may be merged and/or reconfigured with conforming or nonconforming lots to create the same or fewer number of lots but which conform more closely to the applicable standards of the underlying zone subject to all other provisions of this title.

• (Ord. No. 1015 § 3, 2023)