Division II — NONCONFORMING LOTS

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.

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

19.080.055 - Landlocked lots.

Any lawfully created lot zoned for residential uses with no direct access to a public street (landlocked) may be developed provided the owner/developer demonstrates that legal access has been secured through an easement or other binding document. In determining setbacks, all lots lines shall be considered "side lot lines."

(Ord. 7408 § 1, 2018)

19.080.060 - Modification of nonconforming lots.

A nonconforming lot may be modified through a lot line adjustment/consolidation/merger or map without a variance or modification, provided that such modifications do not increase the degree of nonconformity.

(Ord. 7408 § 1, 2018)

DIVISION III - NONCONFORMING STRUCTURES AND USES

19.080.070 - Modification or expansion of nonconforming structures.

A nonconforming structure or use shall not be altered or expanded to increase the degree of nonconformity, except as follows:

A.

A minor conditional use permit shall be required for expansions to a nonconforming use according to the applicability of the provisions found in paragraphs B and C.

B.

Expansion of a nonconforming nonresidential use is permitted subject to the granting of a minor conditional use permit. To grant a minor conditional use permit, all of the following findings shall be made:

1.

The expansion of the use will protect a valuable property investment;

The expansion of the use will not adversely affect or be materially detrimental to the surrounding neighborhood;

There is a need for modernization in order to properly operate the use and protect valuable property rights;

4.

The expansion of the use which included expansion of a structure shall be architecturally compatible with the existing building;

The expansion of the use shall be compatible with the character of the surrounding area;

6.

The expansion shall not displace on-site parking; and

7.

The use has not been discontinued for a period of one year or more, except as provided in Section 19.080.040.

C.

Expansion of a nonconforming residential use is subject to the granting of a minor conditional use permit. To grant a minor conditional use permit, all of the following findings shall be made:

1.

The expansion shall not increase the number of living units on the property, except as allowed by California state law;

The expansion of the use shall benefit the health, safety, and welfare of the occupants;

3.

The expansion of the use which includes expansion of a structure shall be architecturally compatible with the existing building;

The expansion of the use shall be compatible with the character of the surrounding area; and

The expansion shall not displace required on-site parking.

(Ord. No. 7701, § 2, 2025; Ord. 7592 § 1(Exh. A), 2022; Ord. 7528 § 1(Exh. A), 2020; Ord. 7520 § 1(Exh. A), 2020; Ord. 7408 § 1, 2018; Ord. 7331 § 3, 2016; Ord. 6966 § 1, 2007)

19.080.080 - Restoration of a destroyed nonconforming structure or use.

A.

Whenever a nonconforming structure is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, as outlined in subsection D below, the structure may be restored and the nonconforming use may be resumed, provided that all required permits are obtained and the restoration construction is started within one year and diligently pursued to completion.

B.

Whenever a nonconforming nonresidential structure is destroyed by fire or other calamity, by act of God, or by the public enemy, and the destruction exceeds 50 percent, as outlined by subsection D below, the structure may be restored subject to the granting of a conditional use permit.

C.

Whenever a nonconforming residential structure is destroyed by fire or other calamity, by act of God, or by the public enemy, and the destruction exceeds 50 percent as outlined in subsection D below, the structure may be restored subject to the granting of a minor conditional use permit and affirmative determination of all of the following findings:

1.

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

D.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the nonconforming 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 the Community & Economic Development Director or his/her designee and shall be based on the minimum cost of construction in compliance with the Building Code.

(Ord. 7408 § 1, 2018; Ord. 7331 § 3, 2016; Ord. 7049 § 1, 2009; Ord. 6966 § 1, 2007)

The City may revoke the right to continue a nonconforming use or structure pursuant to the procedures for permit modification and revocation contained in Chapter 19.700 (Modification and Revocation of Permits/Variances and Other Approvals).

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

Any nonconforming use that sells on-sale or off-sale alcoholic beverages, may not be continued or reestablished without a conditional use permit or a minor conditional use permit in accordance with the Zoning Code if any of the following occur:

A.

There is a change in type of retail liquor license within a license classification; or

B.

The sales of alcoholic beverages is abandoned or discontinued (including but not limited to circumstances such as suspension, cancellation or revocation of an existing retail liquor license) for any period of time, excluding a maximum 30-day closure required to perform necessary repairs or restoration that does not increase the square footage of the business used for the sale of alcoholic beverages; or

C.

There is a substantial change in the mode or character in the operation of the alcoholic beverage sales business (e.g. due to physical expansion of the alcoholic beverage sales business floor area or increased hours of operation).

(Ord. 7408 § 1, 2018; Ord. 7331 § 3, 2016; Ord. 7158 § 3, 2012; Ord. 6966 § 1, 2007)