Chapter 10.72

NONCONFORMING PARCELS

SECTION:

Except as otherwise provided in this section, a parcel having an area, frontage, width, or depth, less than the minimum prescribed for the zoning district in which the parcel 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 before 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, may be used for any allowed use listed for the zoning district in which the parcel is located, but shall be subject to all other regulations of the applicable zone district. (Ord. 2024-001, 9-10-2024)

Nonconforming parcels may be used for development subject to compliance with all other provisions of this part and other applicable laws. A Nonconforming parcel may not be further reduced in area or dimension. (Ord. 2024-001, 9-10-2024)

CHAPTER 10.74

NONCONFORMING STRUCTURES

SECTION:

A. Alterations and Additions to Nonconforming Structures. No nonconforming structure shall be altered or enlarged to increase the nonconformance with applicable coverage, front setback, side setbacks, rear setback, height, or distance regulations for the zoning district in which the structure is located unless the alteration or enlargement shall conform to the standards prescribed in the regulations prescribed for the zoning district in which the structure is located. No nonconforming structure shall be moved or reconstructed unless the new location shall conform to the standards prescribed in the regulations prescribed for the zoning district in which the structure is located.

B. Restoration of Damaged Structure. Whenever a nonconforming structure is destroyed by fire, earthquake, human caused-incident, or other natural calamity, the structure may be restored and the nonconforming use may resume, provided that:

1. A building permit for the restoration is issued within twenty-four (24) months of the incident and a certificate of occupancy is issued within thirty-six (36) months of building permit issuance.

2. If a building permit for restoration is not issued within twenty-four (24) months of the incident, then the structure shall not be restored except in full conformity with the regulations of the applicable zone district in which it is located, and the nonconforming use shall not be resumed.

3. If a certificate of occupancy is not issued within thirty-six (36) months of building permit issuance, then the structure shall not be restored except in full conformity with the regulations of the applicable zone district in which it is located, and the nonconforming use shall not be resumed.

4. If additional time is needed, a request in writing to the Community Development Director shall be submitted.

C. Demolition. An existing nonconforming structure that is demolished shall lose any legal nonconforming status and may only be replaced or rebuilt if the entire structure is made to comply with all currently applicable Zoning Code requirements unless:

1. The existing structure is commercial or industrial and is altered in accordance with all of the following criteria:

a. The alterations only involve the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure's footings and the finished floor of the first story;

b. The alterations are only undertaken to the minimum extent necessary to maintain a safe structure;

c. The existing exterior wall elements or principal support structure remain in place at all times and provide necessary structural support to the structure upon completion of the alterations; and

d. No new floor area is added.

2. The existing structure is residential and is altered in accordance with all of the following criteria:

a. The alterations only involve the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure's footings and the finished floor of the first story; and

b. The existing first story exterior wall elements remain in place at all times and provide necessary structural support to the structure upon completion of the alteration. (Ord. 2024-001, 9-10-2024)