§ 22.72

The regulations provided in this Chapter are intended to control, improve or terminate land uses that do not comply with the provisions of this Title.

[22.09.010]

Nonconforming use includes any of the following that were lawfully established before the effective date of this Title, or amendment to this Title that caused the use to become nonconforming:

A.

Nonconforming use of land:

1.

A use of land established where the use is not identified as an allowable use by Section 22.06.030;

2.

A use of land that is identified as an allowable use by Section 22.06.030, but:

a.

Is not allowable on the particular site because of planning area standards of Article 9 (Community Planning Standards);

b.

Was lawfully established without the land use permit now required by this Title; or

c.

Is operated or conducted in a manner that does not now conform with standards of this Title relating to minimum site area, limitations on use, or location criteria.

3.

A residential use that exceeds the number of dwelling units allowed on the site by this Title.

B.

Nonconforming building, structure or site development:

1.

A building or structure that was established or is conducted in a manner which does not conform with standards or permit requirements of this Title relating to setback requirements, height limitations or sign requirements; or

2.

A building or structure that does not conform with one or more standards of Title 19 of this code (the Building and Construction Ordinance); or

A site that is developed and/or laid out in a manner that does not conform with standards of this Title relating to site access location, parking and loading, landscaping, screening, fencing, signs, solid waste collection and disposal, exterior lighting, fire safety or underground utilities.

[Amended 1992, Ord. 2553] [22.09.012]

A nonconforming use as defined by Section 22.72.020, which was established before the effective date of this Title or before any subsequent amendment which creates such nonconformity, may be continued and maintained as allowed by Sections 22.72.050 (Nonconforming Uses of Land) and 22.72.060 (Nonconforming Buildings, Structures or Site Development). Continuation of a nonconforming use may include a change of ownership, tenancy or management where the previous line of business or other function is substantially unchanged.

[22.09.020]

22.72.040 - Issued Building Permit.

Nothing in this Title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has been issued and for which substantial site work (Section 22.64.080) was lawfully completed before the effective date of any amendment to this Title which creates a nonconformity.

[22.09.022]

22.72.050 - Nonconforming Uses of Land.

Any nonconforming use of land (Section 22.72.020.A) may be continued as follows, except as provided by Section 22.72.080 (Destroyed Structures and Signs):

A.

Expansion of existing use. The use may not be enlarged, increased, or extended to occupy a greater area of land than was occupied by the use on the effective date of this Title or amendment to this Title which created a nonconformity, except as otherwise provided by this Section. No land use shall be established on the site in addition to the nonconforming use of land, except:

1.

Where the nonconforming use is first brought into conformity with all applicable provisions of this Title and Title 19 of this code prior to application for a new conforming use; or

2.

Where Conditional Use Permit approval authorizes a new use to be established subject to:

a.

Conditions of approval that require that the nonconforming use be brought into conformity within a specific time to be determined by the Commission, not to exceed three years; or

b.

Findings by the Commission that the proposed new use is independent from the nonconforming use and will not act to prolong the nonconforming use.

B.

Maintenance, repair and alteration. A building or structure that constitutes a nonconforming use of land may undergo necessary repairs and maintenance consistent with the provisions of Section 22.72.080 (Destroyed Structures and Signs), but shall not be altered except for non-structural changes in the appearance of the building. Structural changes shall occur only where needed to correct conditions that have been determined by the building official to be hazards to the health or safety of users of the building or structure.

C.

Discontinued use. If a nonconforming use of land is discontinued for a period of six months or more, or a nonconforming use of land in a building designed exclusively for the use (e.g., a service station) is discontinued for 12 months or more, any following use shall be in conformity with all applicable requirements of this Title, except as provided by Section 22.72.100 (Nonconforming Parking).

D.

Single-family dwelling. A detached single-family dwelling existing as a principal use, and any accompanying residential accessory uses, may be continued as residential uses subject to Subsection B., and may be altered, provided that no increase in the number of dwelling units, or aggregate increase greater than 25 percent in the usable floor area, occurs. Additional residential accessory uses may also be established on the site as part of the allowed 25 percent expansion. Any expansion in compliance with this standard shall be in accordance with all applicable provisions of Articles 3, 4, and 5.

E.

Destroyed structure. When a structure that constitutes a nonconforming use of land is destroyed or partially destroyed, its restoration is subject to Section 22.72.080 (Destroyed Structures and Signs).

F.

Nonconformity due to lack of land use permit. Any nonconforming use that is nonconforming only because of the absence of a land use permit shall not be enlarged, altered or extended to occupy a greater land area without first securing approval of the required land use permit. The use shall be deemed a conforming use upon securing approval of the permit. Proposals for agricultural worker housing in compliance with Section 22.30.480.B. shall not be deemed an enlargement, alteration or extension of the existing use for purposes of this Subsection.

G.

Nonconforming use of land in a conforming building or structure. The use of a building that is in conformity with the provisions of this Title for a nonconforming use of land may be continued and may be extended throughout the building provided no structural alterations to the building are made except those required by law.

[Amended 1992, Ord. 2539, 2553; 2020, Ord. 3417] [22.09.026]

Any nonconforming building, structure or site development as defined by Section 22.72.020.B may continue to be used as provided by this Section (and Section 22.72.070 in the case of nonconforming signs) where the structure was established and has been maintained in a lawful manner and condition.

A.

Nonconforming buildings or structures - Expansion or alteration. The floor area or the footprint of a nonconforming building or structure shall not be increased, nor shall any structural alteration occur, except:

1.

Proposed alterations or expansions consistent with all applicable provisions of this Title, when accompanied by any additional alterations necessary to bring the entire building or structure into conformity with all applicable provisions of Title 19 of this code.

2.

Minor alterations which are determined by the building official to be necessary to improve or maintain the health and/or safety of the occupants, or are required by law.

3.

Restoration of destroyed or partially destroyed nonconforming buildings or structures, subject to Section 22.72.080 (Destroyed Structures and Signs).

The establishment of additional conforming buildings, structures or uses on the site may be allowed as provided by Subsection B.

B.

Additional buildings, structures or uses. Separate conforming buildings, structures and uses of land may be established on the same site as a nonconforming building or structure, as follows:

1.

Permit requirement: Minor Use Permit for all uses except agricultural worker housing, unless this Title would otherwise require Conditional Use Permit approval for the proposed additional building, structure or use. Site Plan Review for agricultural worker housing unless this Title would otherwise require Conditional Use Permit or Minor Use Permit approval.

Criteria for approval. The Review Authority shall not grant a Minor Use Permit in compliance with this Section unless it first determines that the existing building or structure satisfies the following requirements, or will be modified to meet the requirements as a result of conditions of approval.

a.

The existing building or structure shall be brought into conformity with all applicable provisions of Chapter 22.50 (Fire Safety), provisions of Chapter 22.10 relating to air quality, explosives storage, exterior lighting, flammable and combustible liquids storage, noise, vibration, and water quality, and provisions of Chapter 22.14 relating to Airport Review, Flood Hazard and Geologic Study Areas.

b.

The building or structure shall conform with all applicable provisions of Title 19 of this code and the California Building Standards Code regarding the location of buildings on property and the fire resistiveness of exterior walls, parapets and roofs.

The Review Authority may also require through conditions of approval that the nonconforming building or structure be brought into compliance with any applicable provisions of this code if they find that the correction is necessary to enable making the findings required for the approval of a Minor Use Permit or Conditional Use Permit by Sections 22.62.060, or to avoid other anticipated problems with the new proposed use.

C.

Substitution of use. A use of land on a site with a nonconforming building or structure or nonconforming site development may be replaced with another use only as follows:

1.

Substitution shall occur only when the new use is identified as an allowable use by Section 22.06.030 (Allowable Land Uses and Permit Requirements); and

2.

The new use is established in compliance with the permit requirements and all other applicable provisions of this Title, except:

a.

Modifications or alterations to the building may occur as provided by Section 22.72.060.A; and

b.

Where the building or site does not conform with the parking standards of Chapter 22.18 (Parking and Loading Standards), substitution shall satisfy the provisions of Section 22.72.100 (Nonconforming Parking) instead of Chapter 22.18.

[Amended 1992, Ord. 2539; 2014, Ord. 3282; 2020, Ord. 3417] [22.09.030]

The use of a legal nonconforming sign may be continued as follows, except as otherwise provided by Section 22.72.060.C (Substitution of Use):

A.

Expansion - Free standing sign. A free-standing sign shall not be increased in area or lighting intensity; or moved from its location on the effective date of this Title or amendment to this Title which created a nonconformity, unless relocated in compliance with this Title.

B.

Attached sign. A nonconforming sign affixed to a structure shall not be:

1.

Increased in area;

2.

Moved from its location on the effective date of this Title unless required by law or in compliance with this Title;

3.

Be provided with increased or intensified lighting;

4.

Changed to an advertisement for a business not occupying the premises or a product not sold on the premises.

C.

Sign copy. The advertising copy on a nonconforming sign may be changed, except as provided by Subsections B., D. and E.

D.

Discontinued use. If the use of a building or land associated with a nonconforming sign is discontinued, any signs except for an off-premise sign shall thereafter conform to Chapter 22.20 (Signs). Once a nonconforming off-premise sign is removed from a site, it shall not be reconstructed or replaced.

E.

Public nuisance. Any nonconforming sign that is found to present a danger to the public or becomes unsightly because of disrepair or lack of proper maintenance may be declared a public nuisance by the Commission and abated as set forth in Chapter 22.74 (Enforcement).

F.

Destroyed sign. Restoration of a destroyed or partially destroyed nonconforming sign is subject to Section 22.72.080 (Destroyed Structures and Signs).

[22.09.032]

The replacement of a destroyed nonconforming building, structure or sign shall occur only as allowed by this Section.

A.

Replacement of destroyed non-residential structures.

1.

If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 22.72.050) or a nonconforming sign is destroyed or partially destroyed to the extent of 75 percent or more of the replacement cost (as determined by the County Fee Ordinance) of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed only when the use, structure or sign and the site on which it was located are in conformity, or are brought into conformity with all applicable requirements of this Title.

2.

If a nonconforming use, structure or sign is partially destroyed to less than 75 percent of its replacement cost, it may be restored to its former nonconforming status.

B.

Replacement of destroyed dwellings. The replacement of a destroyed dwelling that was a nonconforming building or was located on a parcel with nonconforming site development is subject to the same requirements that are applied to non-residential structures by Subsection A. The replacement of a destroyed dwelling that was a nonconforming use of land is instead subject to the following requirements.

1.

Permit requirement: Minor Use Permit.

2.

Required findings - Agricultural worker housing. A Minor Use Permit to allow the replacement and restoration of destroyed agricultural worker housing to their former nonconforming status shall be approved only where the applicable Review Authority can first find that.

a.

The agricultural worker housing was being used for the housing of farm or ranch workers employed on the same site at the time of its destruction;

b.

Agricultural operations on the site are the same as or are more intensive than the agricultural use that existed on the site at the time the agricultural worker housing were established;

c.

The agricultural uses on the site are likely to remain in operation over the life of the agricultural worker housing; and

d.

If the site is no longer designated by the Land Use Element as being in the Agriculture land use category, the replacement of the agricultural worker housing will not act to hinder the orderly development of areas surrounding the site with land uses allowed by the current non-agriculture land use category.

3.

Required findings - Other types of dwellings. A Minor Use Permit to allow the replacement and restoration of destroyed dwellings (other than agricultural worker housing) to their former nonconforming status shall be approved only where the Review Authority can first find that.

a.

Replacement of the dwelling will not act to hinder the orderly development of areas surrounding the site with land uses allowed by the current nonresidential land use category;

b.

The site will not be needed for the types of land uses allowed by the current non-residential land use category during the life of the dwelling; and

c.

In the case of destroyed dwellings that were nonconforming because they exceeded the density currently allowed by this Title, replacement and restoration will only include the number of dwellings currently allowed.

4.

Timing of replacement. A Minor Use Permit for a replacement dwelling in compliance with this Section shall not be approved unless the application was filed with the Department and accepted for processing in compliance with Section 22.60.050.A (Determination of Completeness) within six months from the date of the destruction of the original dwelling.

[2020, Ord. 3417]

The keeping of types or numbers of animals not allowed by Section 22.30.090 (Animal Raising and Keeping) may be continued provided that.

A.

The number of animals existing on the effective date of this Title or amendment which created a nonconformity shall not be increased except for new offspring of existing animals, which may be retained on-site until weaned, after which the new animals shall be removed.

B.

Deceased animals, or animals that are relocated for more than 90 days shall not be replaced.

Though this Section provides for the keeping of animals that are not in conformity with this Title, the use may be declared a public nuisance and abated in compliance with Chapter 22.74 (Enforcement), where the use is found by the Board to be dangerous or to prevent the full use and enjoyment of neighboring properties.

[Amended 1992, Ord. 2553] [22.09.034]

Where a site is nonconforming only as to off-street parking (Section 22.04.160 et seq. - Parking), a new or additional allowable use may be established on the site or an existing allowable use may be expanded only after the requirements of this Title for off-street parking have been met for both the existing structure and the expansion, except as follows.

A.

Substitute uses. A use of land on a site with nonconforming parking may be replaced with a different use only as allowed by Section 22.72.060.C, and as follows.

1.

Where a substitute use is required by Chapter 22.18 to provide the same number of parking spaces as the previous use, no additional parking is required.

2.

Where a substitute use is required to have more spaces than the existing use, the number of spaces provided shall be the difference between those required for the new use and those required for the existing uses.

B.

Expansion of existing use. An approved use may be expanded on a site with nonconforming parking only where the nonconformity is corrected, except in a central business district where the expansion may occur if parking is provided as required by Chapter 22.18 for the area of the expansion only.

[22.09.036]

A legal nonconforming lot may be used as provided by this Section.

A.

Legal nonconforming lot defined. Any lot having an area less than the smallest minimum required or having a frontage, width, or depth less than the minimum prescribed by this Title or other ordinances, is a legal nonconforming lot if:

1.

The lot is shown on a duly approved and recorded subdivision or parcel map; or

2.

The lot was created by means which were consistent with applicable legal requirements at the time the lot was created; or

3.

Verified by a Certificate of Compliance issued in compliance with Government Code Section 66499.35.

B.

Use of nonconforming lots. A legal nonconforming lot may be used as follows.

1.

A legal nonconforming lot may be used for any use identified as allowable in the applicable land use category by Section 22.06.030 (Allowable Land Uses and Permit Requirements), subject to Section 22.10.110 (Minimum Site Area) and Section 22.10.100 (Lot Consolidation) except where otherwise provided by a planning area standard (Article 9).

2.

Any group of nonconforming lots may be redivided, provided that.

a.

The division is in accordance with all applicable requirements of Title 21 of this code;

b.

No parcel is less than the minimum area required by Section 22.10.100 (Lot Consolidation).

[Amended 1987, Ord. 2313] [22.09.060]

Chapter 22.74 - ENFORCEMENT