Chapter 18.92 — Nonconforming Structures

Sections

18.92.010 – Continuation of Legal Nonconforming Structures 18.92.020 – Destroyed or Deteriorated Non-Residential Structures 18.92.030 – Destroyed or Deteriorated Residential Structures 18.92.040 – Allowed Improvements and Expansions of Nonconforming Structures 18.92.050 – Repair and Alteration of Nonconforming Structures

A legal nonconforming land use and the use of a legal nonconforming structure may be continued, notwithstanding any transfers of ownership; provided that the continuation complies with the requirements of this Chapter. A legal nonconforming structure may be maintained subject to the following:

• A. Ordinary Maintenance and Repairs. A nonconforming structure may undergo ordinary maintenance and repairs, as provided in Section 18.90.040 (Customary Maintenance and Repair).

• B. Nonstructural Alterations to Structure(s). Necessary repairs and desired alterations that are not structural may be made to a nonconforming structure(s), only if the Building Official first determines that the repairs are necessary for public safety purposes and the cost does not exceed 75 percent of the appraised value of the nonconforming structure.

• C. Additions to Nonconforming Structure(s). Additions may be made to a structure(s) that are nonconforming due to their placement on the parcel as long as the additions are in compliance with all of the applicable regulations of this Zoning Code.

• D. Development of a Parcel with a Nonconforming Structure(s). Any additional development of a parcel with a nonconforming structure shall require that all new structures and/or additions be in compliance with this Zoning Code.

• A. Involuntary Destruction or Deterioration of Nonconforming Structures. If a nonconforming non-residential structure is involuntarily destroyed or deteriorated as a result of manmade catastrophe or natural disaster (e.g. fire, earthquake, flood, windstorm), the following provisions shall apply:

  1. 75 Percent or More. A nonconforming structure involuntarily destroyed or deteriorated to an extent of 75 percent or more of the structure’s appraised value immediately before the destruction or deterioration shall lose its status as a legal nonconforming structure on the date the extent of damages reaches at least 75 percent. The structure may be restored, but only if made to conform to all applicable provisions of this Zoning Code.

  2. Less Than 75 Percent . A nonconforming structure involuntarily damaged or deteriorated to an extent of less than 75 percent of the structure’s appraised value immediately before the destruction may retain is status as a legal nonconforming structure. The structure may be restored up to the original size, placement, and/or density that existed before the

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destruction or deterioration, but only if the reconstruction commences within 180 days after the date of the damage or catastrophe and is diligently pursued to completion.

• B. Destruction or Deterioration Due to Lack of Maintenance. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe due to lack of repairs or maintenance, it shall only be rebuilt, repaired, or restored in full compliance with all of the applicable regulations of the zone in which it is located. Destruction or damage to a nonconforming structure due to a lack of maintenance does not qualify as involuntary destruction or damage.

• C. Provision of Evidence. The property owner shall provide sufficient evidence, to the satisfaction of the Director, that the subject use and/or structure is a legal nonconformity and that they have maintained the legal nonconforming status, did not cause the destruction or damage due to a lack of maintenance, and are entitled to the protections provided by this Article.

• A. Reconstruction or Replacement – Single-Family Dwellings. An involuntarily damaged or destroyed nonconforming single-family dwelling may be reconstructed or replaced with a new structure with the same footprint, including preexisting nonconforming setbacks, preexisting parking, and preexisting height in compliance with applicable Building Code and Fire Code requirements.

• B. Reconstruction or Replacement – Multi-Family Dwellings. In compliance with Government Code Sections 65852.25 and 65863.4, an involuntarily damaged or destroyed nonconforming multifamily dwelling unit or structure, including a nonconforming mixed-use building containing both residential and non-residential uses, may be reconstructed or replaced with a new unit or structure with the same footprint, provided that the reconstruction or replacement complies with applicable Building and Fire Code requirements.

C. Time Limits for Reconstructions or Replacement of Residential Structures.

1. If a Building Permit is issued within one year following the date of involuntary damage or destruction, legal-nonconforming rights are maintained and the dwelling unit may be built to its original gross floor area; or

2. If a Building Permit is not issued within one year following the date of involuntary damage or destruction, the legal-nonconforming rights shall be deemed to have terminated. Any reconstruction or replacement shall be in full compliance with all applicable provisions of this Zoning Code.

• A. Residential Expansions. Any residential expansion shall conform to the current applicable Zoning Code development standards, with the following two exceptions:

  1. Residences with legal nonconforming parking. Expansions of single-family dwellings and duplexes with legal nonconforming parking are allowed up to a maximum 1,000 square foot expansion of floor area. For purposes of this Subparagraph, a “maximum 1,000 square foot expansion” includes all expansions in the aggregate since the parcel or structure became nonconforming.

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2. Existing nonconforming side setbacks (three feet minimum). Existing nonconforming side setbacks of at least three feet are allowed to be extended to the rear of the dwelling for one-story expansions.

• B. Addition of Accessory Structure. The addition of one accessory structure related to a conventional single-family dwelling, other than an accessory dwelling unit, where either the dwelling or the parcel is legal nonconforming, and provided that all new structures comply with all other applicable regulations of this Zoning Code.

• C. Nonresidential Expansions. Expansions of nonresidential structures shall be allowed, where either the structure or the parcel is legal nonconforming, but only if the expansion is in full compliance with all applicable regulations of this Zoning Code.

A nonconforming structure may only be maintained or improved in the following manner:

• A. Maintenance and Repair. A nonconforming structure may be maintained and repaired. Maintenance may only include repair work necessary to keep the structure in sound condition, but maintenance shall not include the replacement of a structure.

• B. Structural Alteration. Subject to Section 18.92.020 (Destroyed or Deteriorated Non-Residential Structures) above, structural alterations or reconstruction of legal nonconforming structures are allowable only in the following circumstances:

  1. To reinforce unreinforced masonry structures, provided that the work is exclusively to comply with applicable earthquake safety standards;

  2. To comply with current Building Code requirements, provided that the work is exclusively to comply with the current Building Code;

  3. To improve the health and safety of the structure, as determined by the Building Official; or

  4.

• To reduce fire hazards, as determined by the Fire Chief.

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