Division I — GENERAL NONCONFORMING PROVISIONS - LOTS, STRUCTURES AND USES

A.

This article provides for the orderly termination of nonconforming rights for lots, structures and uses that were legally established but, due to revisions to the provisions of the Zoning Code, no longer comply. The orderly termination of legally established nonconforming lots, structures and uses is necessary to promote the public health, safety and general welfare, and to bring such lots, structures and uses into conformity with the goals, objectives and policies of the Zoning Code and the General Plan. Where a lot, structure or use is referred to as nonconforming it shall mean that it is legally nonconforming.

B.

This article limits the expansion of nonconforming lots, structures and uses and establishes the circumstances under which they may be continued, and provides for the correction, maintenance, and removal of such lots, structures and uses.

C.

The City finds that nonconforming lots, structures and uses within the City, both those that are legally established and those that are illegal, are detrimental to the orderly development of the City and are detrimental to the health, safety, peace, comfort and general welfare of persons and property within the City.

D.

Nonconforming lots, structures and uses shall be eliminated as rapidly as possible as set forth in this article and without infringing upon the constitutional rights of the owners of legally established nonconforming properties.

E.

These provisions shall regulate the continuation, termination, and modification of lots, structures and uses that were lawfully established, but which no longer conform to the provisions of the Zoning code due to a change in zoning boundaries, change in zoning regulations or upon annexation.

F.

Only the provisions contained in DIVISION IV of this chapter shall apply to property zoned RA-5 or RC and described in Sections 3 and 4 of Measure R, enacted November 13, 1979.

(Ord. 7408 §1, 2018; Ord. 7331 §3, 2016; Ord. 6966 §1, 2007)

19.080.020 - Establishment of nonconforming status.

A.

Lots, structures and uses not having previously acquired proper permits are illegal and subject to immediate abatement.

B.

It shall be the property owner's responsibility to provide evidence or information to justify the establishment of nonconforming rights.

C.

All decisions and determinations related to nonconforming uses, structures, and lots shall be the Community & Economic Development Director or his/her designee's responsibility. The Community & Economic Development Director or his/her designee may approve, deny, conditionally approve or refer any determination request to the Planning Commission. Any approval, denial, or conditional approval of the Community & Economic Development Director or his/her designee may be appealed in accordance with Chapter 19.680 (Appeals).

D.

Any nonconforming situation that becomes specifically authorized under the terms of an approval pursuant to the Zoning Code, such as but not limited to the granting of a conditional use permit or variance, shall henceforth be governed by the terms of such approval and shall no longer be considered to be a nonconformity, unless and until such approval expires or is revoked.

(Ord. 7408 §1, 2018; Ord. 7331 §3, 2016; Ord. 6966 §1, 2007)

19.080.030 - Continuation and maintenance.

A.

Continuation.

1.

Except as otherwise provided herein, any lot, structure or use legally established on the effective date of the Zoning Code, may continue as a nonconforming lot, structure, or use.

Any lot, structure, or use legally established prior to the annexation of the property may continue as a nonconforming lot, structure, or use, respectfully.

A change in ownership or tenancy without any change in use, occupancy, or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this article.

4.

Any lawfully created lot that becomes nonconforming with regard to lot area, street frontage, lot width, lot depth, or accessibility may continue indefinitely with such nonconformity and may be developed and used as if it were a conforming lot.

B.

Maintenance.

1.

Routine maintenance and repairs may be performed on a nonconforming lot, use, or structure, provided such work does not involve structural alterations or any enlargement of the structure subject to the granting of building permits as required by the Building Official.

(Ord. 7408 §1, 2018; Ord. 7331 §3, 2016; Ord. 6966 §1, 2007)

19.080.040 - Loss of nonconforming status.

A.

When any nonconformity is eliminated or brought into conformance with the current regulations of the Zoning Code, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored.

B.

Except as otherwise provided herein whenever a nonconforming use has been discontinued for a continuous period of one year or more or whenever a nonconforming use is changed to another use, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be brought into conformity with the zone in which it is located. Discontinuation shall mean any termination of a use, regardless of intent to resume the use. Payment of a valid business tax certificate shall in and of itself not be considered to be a continuation of the use.

C.

A nonconforming residential use that has been discontinued, may be reestablished subject to the granting of a nonconforming status determination by the Community & Economic Development Director or his/her designee based on the following findings:

1.

The continuation of the nonconforming residential use will not adversely affect or be detrimental to the health, safety and general welfare of the public or property or improvements within the area.

2.

The nonconforming residential use is substantially compatible with existing and proposed uses in the general area, including factors relating to the nature of its location, operation, building design and site design.

3.

The continuation of the nonconforming residential use will protect a valuable property investment.

D.

A nonconforming nonresidential use that has been discontinued for a continuous period of more than one year but no more than three years may be reestablished subject to the granting of a conditional use permit.

(Ord. 7408 § 1, 2018; Ord. 7331 § 3, 2016; Ord. 6966 § 1, 2007)

The Zoning Code gives the City Council the authority to establish amortization regulations for nonconforming uses or structures.

(Ord. 7331 § 3, 2016; Ord. 6966 § 1, 2007)