Chapter 4.50 — NONCONFORMING USES AND STRUCTURES

The purpose of this chapter, Nonconforming Uses and Structures, is to reasonably provide for the continued operation and maintenance of uses and structures that are legal-nonconforming, as defined herein. This chapter's provisions are also intended to promote the eventual conversion of legalnonconforming uses and structures into conforming uses and structures. When used in this Zoning Ordinance, the term "nonconforming" shall mean legal-nonconforming.

A use that was legal when brought into existence, but does not conform to the current use limitations of the applicable zoning district (including use-specific permitting requirements and use-specific criteria) may be maintained subject to all of the following limitations:

A.

Expansion of use prohibited. A nonconforming use may not be intensified or expanded in area or volume, except as provided in Section 4.50.060.

B.

Modification of use. A nonconforming use may be modified to a use deemed similar in nature, but lesser in intensity and impacts, as determined by the Zoning Administrator, or Planning Commission if the matter is referred to the Planning Commission. The Planning Manager, in consultation with the Zoning Administrator, shall make a determination as to whether the proposed change necessitates a referral to and formal zoning interpretation hearing before the Planning Commission. In such cases, the commission shall have authority to deny the modification or approve it and place appropriate limitations on the modified use and require architecture and site approval for more precise conditioning.

C.

Cessation of use. If any nonconforming use ceases for a continuous period of not less than 12 months, the legal-nonconforming status shall terminate and any future use of the building or lot shall conform to the zoning ordinance.

D.

Modification of building. A building containing a nonconforming use shall not be enlarged or reconstructed, except as provided in § 4.50.060 and § 4.50.070 for certain nonconforming residences. Structural alterations done within any 12-month period, including replacements of walls, electrical fixtures or plumbing, may not exceed 25 percent of the building's construction valuation (computed as the building's legally established floor area multiplied by the building inspection office's current multiplier for calculating the per-square-foot value of new construction).

E.

Destruction of building. If a building containing a nonconforming use is destroyed to the extent of more than 75 percent of its construction valuation (the building's legally established floor area multiplied by the building inspection office's current multiplier for calculating the per-square-foot valuation of new construction), then the right to maintain the nonconforming use shall expire and the use of the building shall

thereafter conform to all applicable zoning provisions. This provision shall not apply to residential uses covered under § 4.50.060 or § 4.50.070.

F.

Multiple uses. Where a lot contains a nonconforming use and a separate conforming use, the conforming use may be expanded or rebuilt, or may be changed to another conforming use, irrespective of the property's otherwise nonconforming status. Where two single-family dwellings occupy a single lot where only one dwelling is allowed, the larger of the two dwellings shall be deemed the conforming dwelling for the purposes of this provision.

G.

Permit nonconformance. Any use that is nonconforming solely by virtue of not meeting the currently applicable permitting requirements of this zoning ordinance may become a conforming use by obtaining the appropriate permit(s).

H.

Parking. A use that does not meet the parking requirements of Chapter 4.30, but otherwise is in conformance with the zoning ordinance shall not be subject to the provisions of this chapter solely due to the failure to provide adequate parking facilities. For any new or expanded use, construction, or alteration on the property, subsection 4.30.020(A) shall apply.

(Ord. No. NS-1200.323, § 8, 1-29-08; Ord. No. NS-1200.359, § 16, 12-6-16)

A building or structure whose use conforms to zoning regulations, but is nonconforming with respect to currently applicable setback, height, FAR, or other development regulations, shall be subject to all of the

following limitations:

A.

Conforming expansion. Such a building or structure may be expanded or structurally altered provided additions fully comply with applicable development standards, except as provided in subsections B and C, below.

Any setback-nonconforming or height-nonconforming portions of a building may remain only if they substantially maintain their structural form and integrity. In the course of construction, if walls become disconnected from supporting ceiling and roof joists and all bracing perpendicular walls, they relinquish their right to maintain a nonconforming setback encroachment.

Foundation repair may be undertaken or a new foundation or basement may be installed under a setbacknonconforming portion of a building, provided the resulting height of the main floor is no more than 30 inches above its original elevation height.

B.

Setback-nonconforming expansion allowances. A limited expansion of a building along a nonconforming setback line, or the redesign of a roof over a setback-nonconforming portion of a building may be allowed pursuant to subsections 4.20.110(C)(4) and 4.20.110(C)(5).

C.

Setback-nonconforming dwelling: Casualty reconstruction. Where a single-family or two-family dwelling with nonconforming setbacks is involuntarily damaged or destroyed by earthquake, fire, flood, or other casualty event, reconstruction shall not require conformance to currently applicable setbacks, provided all of the following apply:

1.

The setback-nonconforming portion of the original dwelling was constructed with applicable building permits required at the time of construction, or was constructed at a time that predates building permit requirements.

2.

The floor area of the proposed reconstructed dwelling: (a) is not more than 25 percent larger than that of the legally constructed floor area of the original dwelling, or (b) is not more than 500 square feet larger than the legally constructed floor area of the original dwelling; whichever is greater.

3.

Any proposed expansion beyond the original footprint or original number of stories would conform to current setback requirements.

4.

Any setback-nonconforming deck or balcony, covered or uncovered, within the original building footprint may only be replaced with a like deck or balcony.

5.

No portion of the reconstructed dwelling may be nearer than three feet to any property line, regardless of the configuration of the original dwelling.

6.

Failure to apply for a building permit within two years of the casualty event shall be deemed an abandonment of the nonconforming dwelling, and the setback exception pursuant to this section shall not apply.

D.

Nonconforming floor area. A building (or buildings on premises) which exceeds the maximum allowed floor area, or floor area ratio (FAR) may not be enlarged. Any alteration qualifying as a rebuild may be done only if the building is reduced in size to conform to applicable FAR limitations.

(Ord. No. NS-1200.319, § 14, 3-28-06; Ord. No. NS-1200.323, § 9, 1-29-08; Ord. No. NS-1200.342, § 2, 4- 29-14)

Lot size requirements specified by this Zoning Ordinance primarily pertain to the minimum size of new lots created through either the subdivision or lot line adjustment processes. A legally established lot that does not conform to the current lot size requirements of the applicable zoning district may be used and developed according to all other applicable zoning regulations, except where a particular use has a specified minimum lot size that is larger than the size of the subject lot.

The provisions of Section 4.40.130 shall apply to nonconforming signs.

A nonconforming residential use that is located in a district where residences are not allowed may be replaced or expanded beyond the limits set forth in Section 4.50.020 if the replacement or expansion complies with all other applicable zoning and land development provisions and a use permit is obtained pursuant to Chapter 5.65. Allowed expansion of such nonconforming residential use shall not result in an increase in the number of dwelling units on the premises. Accessory uses or structures related to the residential structure are not subject to the requirement for a use permit. The approval of a use permit does not change the status of the residential use to a conforming use.

The reconstruction of any density-nonconforming multi-family dwelling, two-family dwelling, or multiple single-family and/or two-family dwellings on one lot that are damaged or destroyed by fire, earthquake or

other casualty event may be allowed if a use permit is obtained, pursuant to Chapter 5.65. If a valid use permit application (complying with all applicable submittal requirements) is not filed within two years of the date of casualty, the right to maintain the nonconforming density shall cease. The approval of a use permit does not change the status of the use to a conforming use.

A.

Criteria for denial. Notwithstanding the provisions of Chapter 5.65, such rebuilding may be prohibited (or reduced to below pre-casualty size or density) only if the building is located in an industrial zone or if both of the following findings are made:

1.

The reconstruction will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; and

2.

The nonconforming residential use would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the use would be permitted.

B.

Degree of rebuilding. Unless rebuilding is not approved per Subsection A, the building(s) may be reconstructed up to its pre-casualty size and number of dwelling units. Any accessory pre-casualty nonconforming use (if applicable) may also be resumed, at the discretion of the Planning Commission.

C.

Applicable regulations. Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all of the following:

1.

All applicable provisions of California Government Code § 65852.25, relating to the rebuilding of nonconforming residences;

2.

All other applicable provisions of this Zoning Ordinance, and any applicable County-adopted architectural guidelines and standards.

3.

There may be no increase in the size and number of pre-casualty dwelling units.

4.

A building permit shall be obtained within one year of the effective date of the use permit. If that building permit expires without substantial construction having been undertaken, the right to rebuild to the density approved by the use permit shall also expire.

Notwithstanding any other provision of this chapter, whenever a use approved under an active time-limited use permit becomes nonconforming, the permittee may apply to renew the permit prior to the expiration date of the use permit, pursuant to the provisions in this section and the procedures in Chapter 5.65.

A.

Review of Application. When determining whether the use permit should be renewed, the Planning Commission shall consider the objectives of the new zoning provisions as they may relate to such a use. The commission shall also consider whether there have been substantial changes in the use and

development of adjacent properties that might warrant denial of the use permit, or require a greater degree of regulation of the use. The Planning Commission may add or delete conditions that it deems reasonable and necessary to protect the environment or preserve the integrity and character of the neighborhood, taking into consideration the goals and objectives of the new zoning provisions.

B.

Findings. The Planning Commission may renew the use permit if it can make all of the following findings:

1.

All the conditions of the current use permit or architecture and site approval (or both) have been met;

2.

There have not been substantial changes in circumstances related to either the use or the surrounding neighborhood that would warrant cessation of the use; and

3.

The Planning Commission makes all the findings required for issuance of a use permit pursuant to Chapter 5.65.

C.

Late Renewals. If the permittee fails to apply for renewal of the use permit prior to the permit expiration date, he or she may file a late-renewal application. Such request must be filed within 24 months of the lapsed expiration date, and must be accompanied by a description of the circumstances warranting special consideration. A separate, late-renewal application fee in an amount prescribed by the Board of Supervisors shall be required. The Planning Commission shall hold a separate hearing on the late-renewal request, and shall have discretion to approve or deny the request based on the project circumstances. Unless otherwise specified by the Planning Commission, a use permit application must be filed within the 30 days following a decision authorizing a late renewal.

(Ord. No. NS-1200.323, § 10, 1-29-08)

Nothing in this chapter shall be construed to limit the ability of the County to terminate any use or require the removal of any structure that is found to be a public nuisance.