San Fernando Municipal Code § 106-1023 Adding new uses and structures

Within the zones established by this chapter or amendments that may be adopted, there exist or will exist lots, structures, and uses of land and structures which were lawful before the adoption of the ordinance from which this chapter derives or amendment of this chapter, but which no longer comply. The intent of this division is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their survival. Such uses and structures are declared to be incompatible with permitted uses, structures and standards in the zones involved, and it is intended that they shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as may be expressly permitted in this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

When a nonconforming use or structure exists on any lot or parcel of land, no new use or structure may be established or built on such land unless the required lot area, dimensions, yards and open spaces are provided for each existing and proposed use, structure and improvement. These uses shall be so located on the lot or parcel of land that, if it is divided into smaller lots or parcels, each of the parcels will contain the area, dimensions, yards and open space required and the number and location of structures on each will comply with the requirements of this chapter when considered as a separate lot or parcel. When there is the intent to divide or subdivide, additional conforming structures shall not be permitted until after the parcel has been divided or subdivided in accordance with law. Access acceptable to the city shall be provided to all lots where such division is permitted.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In any residential zone a dwelling and accessory buildings of the type permitted in such zone may be erected on any single lot lawfully created and of record on the effective date of the ordinance from which this chapter derives or amendment of this chapter, notwithstanding limitations on lot area, width or depth imposed by other sections of this chapter or the ordinance. Yard and outdoor living and open space requirements shall be complied with unless waived by variance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

A lawful use of a structure, or of a structure and land in combination, under the terms of this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following:

(1) No existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located and except as specifically provided for in this chapter.

(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on the effective date of the ordinance from which this chapter derives or at the time of amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3) If no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use provided that the planning commission, either by general rule or by making findings in the specific case, shall find that the proposed use is no more detrimental to the zone than the existing nonconforming use. In permitting such change, the commission may require appropriate conditions and safeguards.

(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5) When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive calendar months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.

(6) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall thereafter compel the discontinuance of the nonconforming use of the land. Destruction for the purpose of this subsection means damage to an extent of more than 50 percent of the replacement cost of the structure immediately prior to destruction.

(7) When a nonconforming use of a structure is replaced by a more restrictive nonconforming use, the occupancy may not thereafter revert to a less restrictive use.

(8) If provision is made for the termination date of such use, any use of such land after termination shall conform to the requirements of this chapter for the zone in which it is located.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

A lawful use of a structure, or of a structure and land in combination, under the terms of this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following:

(1) No existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located and except as specifically provided for in this chapter.

(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on the effective date of the ordinance from which this chapter derives or at the time of amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3) If no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use provided that the planning commission, either by general rule or by making findings in the specific case, shall find that the proposed use is no more detrimental to the zone than the existing nonconforming use. In permitting such change, the commission may require appropriate conditions and safeguards.

(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5) When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive calendar months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.

(6) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall thereafter compel the discontinuance of the nonconforming use of the land. Destruction for the purpose of this subsection means damage to an extent of more than 50 percent of the replacement cost of the structure immediately prior to destruction.

(7) When a nonconforming use of a structure is replaced by a more restrictive nonconforming use, the occupancy may not thereafter revert to a less restrictive use.

(8) If provision is made for the termination date of such use, any use of such land after termination shall conform to the requirements of this chapter for the zone in which it is located.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Any structure made nonconforming by this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following:

(1) Such structure may not be enlarged or altered in a way which increases its nonconformity, except as specifically provided for by this chapter.

(2) Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost immediately prior to destruction, it shall not be reconstructed except in conformity with this chapter.

(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.

(4) Such structure may be repaired provided:

a. The work consists only of the repair and replacement of nonbearing walls, fixtures, wiring or plumbing;

b. Where the aggregate costs do not exceed the current assessed value of the improvements; and

c. Where the cubic space within the structure as it existed at the time of adoption or amendment of this chapter is not increased.

(5) If provision is made for the termination of such structure or its nonconforming characteristics, any use of such land after the termination date shall conform to the requirements of this chapter for the zone in which it is located.

(6) An existing nonconforming dwelling in a C-1 or C-2 Zone destroyed more than 50 percent of its replacement cost immediately prior to destruction may be rebuilt on the same building footprint, provided that:

a. The property is 5,000 square feet or less in size, and could not feasibly be developed separately as a commercial facility.

b. The property fronts on a residential street, and not along a commercial thoroughfare.

(b) Notwithstanding any of the foregoing provisions of this section or any other subsection of this section, a nonconforming structure shall not be changed in its utilization to another use in any land use zone until the structure meets all applicable requirements for new construction for the use under the various ordinances and Code provisions of this city then in effect, including, but not limited to, building and fire code provisions and property development standards for the particular zone.

(c) Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city or state official charged with protecting the public health or safety, upon order of such official.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In the absence of proof to the contrary, replacement cost as used in this division shall mean the assessed value of the structure at the time of the destruction.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Any structure for which a valid building permit has been granted prior to the adoption of the ordinance from which this chapter derives or amendment to this chapter, as the case may be, and the actual construction of which has been started prior to the effective date of the ordinance from which this chapter derives or amendment to this chapter may be completed in accordance with the plans and specifications on file in the building department, even though not conforming with this chapter or amendments thereto, as the case may be, provided:

(1) The construction of proposed use of the structure is not in violation of any other ordinance or law; and

(2) Work on construction of the structure is diligently carried on and completed within a reasonable time.

(b) Actual construction shall be deemed to have started when construction materials have been placed in permanent position and have been permanently fastened. Excavation which has been substantially begun preparatory to rebuilding shall be deemed to be actual construction if carried on diligently to and including rebuilding.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Under this chapter, additions, extensions and alterations may be made to any nonconforming public use, including, but not limited to, schools, parks, libraries and fire stations, if the addition, extension or alteration does not:

(1) Extend beyond the boundaries of the site in existence when the use became nonconforming; and

(2) Infringe upon any off-street parking required by this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Uses and buildings which are existing under a variance or a conditional use permit granted under this chapter or any previous ordinance shall not be considered as nonconforming and shall be permitted to continue under the conditions and regulations imposed in the permit or variance and may be expanded or enlarged upon first obtaining a conditional use permit under division 7 of article V.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Under this chapter, the right to continue a nonconforming use shall terminate as follows:

(1) Changing such use to another use not permitted in the zone, except as expressly permitted in this division.

(2) Increasing or enlarging the area, space or volume occupied or devoted to such use, except as expressly permitted in this division.

(3) Adding a conforming or nonconforming use, except as permitted in this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Under this chapter, a lawfully established use which becomes a nonconforming use, including any buildings, structures or facilities designed or intended only for uses which are nonconforming, shall be terminated and such buildings, structures or facilities shall be removed or made conforming in all respects within the time period specified in subsection (1) or (3) of this section, whichever is applicable and results in the later termination date.

(1) The time period indicated in the following table measured from the date of becoming a nonconforming use:

(2) All nonconforming signs shall be made to conform or be removed within 30 days of: a change of ownership of the business, or a building is renovated more than 50 percent of its valuation within any one-year period, or a nonconforming sign is destroyed more than 50 percent of its valuation. Furthermore, such nonconforming signs shall be permitted to continue past the amortization period only if a conditional use permit is granted by the planning commission.

(3) The time period indicated in the following table measured from the date of construction of the most recently constructed main building or other major facilities which are designed or intended for the nonconforming use:

STRUCTURE TYPE ACCORDING TO BUILDING CODE

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Nonconforming business signs may be abated at any time subsequent to the date such signs become nonconforming, provided that no business sign shall be compelled to be removed or abated, and its customary maintenance, use, or repair shall not be limited, without the payment of fair and just compensation.

(b) For purposes of compliance with this section, fair and just compensation will be calculated pursuant to Business and Professions Code §§ 5492 and 5493. Notwithstanding the other provisions of this section, the city may remove, without compensation, the following business signs:

(1) A nonconforming business sign located in the city's R-1, R-2, R-3 or RPD Zones or in an area zoned for agricultural use which has been in existence for a period of 15 years from August 6, 1983. For purposes of this subsection only, every business sign has a useful life of 15 years. Fair and just compensation for business signs described in this subsection required to be removed during the 15-year period and before the amortization period has lapsed shall be entitled to fair and just compensation which is equal to one-fifteenth of the duplication cost of construction of the business sign being removed multiplied by the number of years of useful life remaining for the sign as determined by this subsection.

(2) Any business sign erected without first complying with all of this chapter at the time of its construction, erection or use.

(3) Any business sign which was lawfully erected, but whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than 90 days. Costs incurred in removing an abandoned sign shall be charged to the legal owner.

(4) Any business sign which has been more than 50 percent destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within 30 days of the date of its destruction.

(5) Any business sign whose owner, outside of a change of copy, requests permission to remodel and remodels that sign, or expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement or remodeling, or the cost of construction, enlargement, or remodeling of the sign exceeds 50 percent of the cost of reconstruction of the building.

(6) Any business sign whose owner seeks relocation thereof and relocates the sign.

(7) Any business sign for which there has been an agreement between the sign owner and the city for its removal as of any given date.

(8) Any business sign which is temporary.

(9) Any business sign which is or may become a danger to the public or is unsafe.

(10) Any business sign which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the city.

(11) Any business sign located in a redevelopment project area created pursuant to the Community Redevelopment Law (part 1 of division 24 of the Health and Safety Code, Health and Safety Code § 33000 et seq.), or an area listed or eligible for listing on the National Register of Historic Places, or an area registered by the department of parks and recreation as a state historical landmark or point of historical interest pursuant to Public Resources Code § 5021 or an area created as a historic zone or individually designated property by the city, pursuant to article 12 of chapter 1 of division 1 of title 5 of the Government Code (Government Code § 50280 et seq.).

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The council may, after notice and public hearing, revoke the right to continue a nonconforming use or structure as follows:

(1) Notice. Notice shall be mailed to the recorded owner of the property not less than 20 days before the date of the public hearing. The notice shall state the facts concerning the impending action and shall request appearance by the owner at the time and place specified for the hearing to show cause why the permit should not be revoked.

(2) Council action. Within 30 days after the public hearing, the council may by resolution revoke or modify the nonconforming status of the use or structure.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Nothing in this chapter pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance, or removal or so as to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding and continued use of nonprofit, public or private religious, educational, charitable or public utility buildings, structures, equipment, and facilities. However, any expansion or rebuilding beyond the original building footprint or internal reconstruction resulting in additional capacity shall be subject to conditional use permit approval. For this purpose, the term "expansion" means enlargement or moving into another portion of the same property or into immediately adjacent property.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)