Chapter 10.70

GENERAL NONCONFORMING PROVISIONS

SECTION:

10.70.020: Establishment Of Nonconforming Uses And Structures

A. Purpose. The purpose of this Chapter is to allow continued utility and economic viability of uses, structures, parcel features, and parcels 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 future amendments.

B. Intent. It is the intent of this Chapter to allow for legal nonconforming uses to exist under the limited conditions established in this chapter while limiting their enlargement or expansion. (Ord. 2024-001, 9-10-2024)

A. Nonconforming Use. A nonconforming use is a use of a structure and or land which was lawfully established and maintained before the adoption of this Title, but which, under this Title, does not conform with the use regulations for the zoning district in which it is located. This Chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement and their reestablishment after abandonment and by prohibiting the alteration of the structures they occupy and their restoration after destruction within a reasonable period of time.

B. Nonconforming Structure. A nonconforming structure is a structure which was lawfully erected before the adoption of this title, but which, under this title, does not conform with the standards of coverage, setback space, height of structures or distance between structures prescribed in the regulations for the zoning district in which the structure is located.

C. Nonconforming Parking or Loading. An existing use of land and or structure shall not be determined to be nonconforming solely because of a lack of on-site parking and/or loading facilities required by this Code, provided that facilities used for on-site parking and/or loading as of the date of adoption of this Code are not subsequently reduced in number to less than required by this Code. (Ord. 2024-001, 9-10-2024)

A. A use lawfully occupying a structure or a parcel on the date this Zoning Code became effective, or amendments thereto, which does not conform with the use regulations for the zoning district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this section.

B. A structure lawfully occupying a parcel on the date this Zoning Code became effective, or of amendments thereto, which does not conform with the standards of coverage, front setback, side setbacks, rear setback, or distances between structures prescribed in the regulations for the zoning district in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained except as otherwise provided in this section.

C. Routine maintenance and repairs may be made to a structure or parcel with a nonconforming use or on a nonconforming structure. (Ord. 2024-001, 9-10-2024)

A. Legal Substandard Parcels. The following parcels shall be excluded from the minimum parcel area requirements, referred to as "legal substandard parcels":

1. Any parcel having an area, frontage, width or depth, less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of this title, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded;

2. Any parcel of record in any area thus far or hereafter annexed to the city, of record as of the time of such annexation, and which was not in violation of any area requirement of any county ordinance on zoning or subdivisions, in effect at the time of such annexation; or

3. Certain parcels mentioned in Paragraphs 1 and 2, above, relating to the effect of eminent domain.

B. No parcel with common side parcel lines with another parcel under common ownership shall be deemed to be a legal substandard parcel within the exception of the minimum parcel area requirements.

C. If the area of a parcel is reduced below the minimum requirement, such parcel shall be deemed to be a legal substandard parcel under the provisions of Subsection 10.70.040.A (Legal Substandard Parcels), and any existing structure on the parcel shall be deemed to be nonconforming.

D. If a required setback is reduced below the minimum requirement or eliminated, any affected structure shall be deemed nonconforming; however, such structure may be altered or enlarged if such alterations or enlargements comply with all other requirements of the zoning district in which the parcel is located.

E. Where a group of legal substandard parcels have common side parcel lines and are under a common ownership and

have in the aggregate less than the minimum area requirement, the City may require a voluntary lot merger of said parcels to form a single legal substandard parcel pursuant to Government Code 66451.10 and Title 11. (Ord. 2024-001, 9-10-2024)