Solano County Zoning Code § 28.114 Nonconforming Uses

• A. Purpose . The purpose of this section is to establish uniform provisions for the regulation of nonconforming structures, and uses of land that were legally established before the amendment, of this Chapter, or previously adopted County ordinances, but which would be prohibited, regulated, or restricted differently under the current provisions of this Chapter or future amendments.

• B. Intent . It is the intent of this Chapter to:

  1. Discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under the limited conditions outlined in this section.

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2. Prevent nonconforming uses and structures from being enlarged, expanded, or extended, or being used as justification for adding other structures or uses that are prohibited by the provisions of this Chapter applicable to the zoning district in which the nonconformity is located.

• C. Continuance of Existing Nonconforming Uses . An ongoing use of land or buildings lawfully established and existing prior to the adoption of any provision of this Chapter that renders such use nonconforming with the regulations currently specified by this Chapter for the district in which such land is located, may be continued; provided, that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time such use was rendered nonconforming; and provided further, that if such use ceases as hereinafter provided, the subsequent use of such land shall be in conformity to the regulations specified by this Chapter for the district in which such land is located.

  1. Repairs and Maintenance. Except as may be provided in 28.114(H) below, ordinary maintenance and repairs may be made to any nonconforming structure or building; provided that, no structural alterations are made except those required by law or ordinance; and provided further, such work does not exceed twenty-five percent of the actual value of the structure or building in any one-year period.

  2. Destruction and Reconstruction. Except as may be provided in 28.114H below, if at any time a building in existence prior to an amendment to this Chapter which does not conform to the regulations, including parking regulations for the district in which it is located, is damaged or destroyed by fire or other natural hazard, explosion, act of God, or act of the public enemy, to the extent of more than sixty percent of the actual value of the structure or building according to the assessment by the County assessor for the fiscal year during which such destruction occurs, the land and building shall be subject to all the regulations specified by this Chapter for the district in which such land and building are located.

  3. Expansion. Except as provided in 28.114(H) below, a non-conforming use of the land or structure shall not be permitted to expand.

4. Structural Alterations. Except as provided in 28.114(H) below, a non-conforming use of the land or structure shall not be permitted to make structural alterations.

• D. Nonconforming Lots . Nonconforming lots are lots legally established prior to the adoption of this Chapter or any subsequent amendments, which do not meet one or more development standards for lot area, lot frontage or lot access. Notwithstanding such nonconformities, development may be approved pursuant to this Chapter if the Director of Resource Management determines that such development is in compliance with all other provisions of this Chapter.

• E. Use Permits . Any use for which a use permit is required and may be granted by the terms of this Chapter shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Section 28-106. The approval of a use permit shall supersede and extinguish any grandfathered rights to continue the nonconforming use.

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• F. Termination . If the actual operation of a nonconforming use of a building ceases for a continuous period of six months, unless the legal owner can establish valid proof to the contrary, such cessation of the nonconforming use shall be considered abandonment. Without further action by the Planning Commission, the building and the land on which the building is

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located, shall be subject to all the regulations specified by this Chapter for the district in which such land and building are located.

• G. Zoning Clearance . Prior to the issuance of a building permit, business license, grading permit, well or septic permit for a nonconforming use, a zoning clearance must be issued by the Director of Resource Management that sets forth the extent of nonconformity and the permissible repair, maintenance, or alteration that may be made to the structures, buildings, and ownership.

H. Exceptions .

1. Prior Commencement of Construction. Nothing contained in this Chapter shall be deemed to require any change in the plans, construction or designated use of any building for which a building or other construction permit was issued and upon which actual construction was lawfully begun prior to the adoption of any amendment to this Chapter. Actual construction is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement; or the demolition or removal of any existing structure begun preparatory to rebuilding; provided, that in all cases, actual construction work shall be diligently carried on until the completion of the building or structure involved.

2. Companion Living Units. Notwithstanding the provisions of Section 10 of this Chapter, where Companion Living Unit and Secondary Living Unit are defined, certain unpermitted, non-conforming dwelling units may be brought into compliance with the Solano County Code and the California Building Code. The provisions set forth in this subdivision shall only be applicable through December 31, 1996, after which all provisions of this Code shall apply. In determining whether a non-permitted improved residential structure may achieve permitted status as either a Companion Living Unit or a Secondary Living Unit, the following criteria shall apply:

• a. The unit shall have existed as a substantially improved dwelling prior to December 8, 1994; and

• b. In the case of Companion Living Unit, as defined, the improved livable space may be no larger than 850 square feet, either as it existed or as it shall be altered, so as to not exceed the maximum square footage allowable under the Solano County. Code immediately prior to the adoption of Ordinance No. 1497. The 850 sq. ft. maximum livable space shall not be retroactively applied to Secondary Living Units, as defined, seeking permitted status under this section; and

• c. All necessary building permits shall be applied for and obtained and as-built construction approved by the Building Official as conforming with the applicable zoning and building codes; and

• d. The property owner shall certify that the Companion Living Unit shall be solely used for the purposes of providing independent living quarters for one or more adult persons

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who are sixty years of age or over, handicapped or convalescent. Either the principal residence or companion living unit shall be owner occupied.

3. Dwellings . Nonconforming primary and secondary dwellings, and duplexes, which were lawfully established, may continue subject to the following restrictions:

• a. Repairs and Maintenance. Ordinary maintenance and repairs may be made to any nonconforming primary or secondary dwelling or duplex, provided that, no expansion or structural alterations are made except those required by law or ordinance, or as provided for below.

• b. Destruction and Reconstruction. If at any time a primary or secondary dwelling or duplex in existence prior to the adoption of any amendment to this Chapter. which does not conform to the regulations, including parking regulations for the district in which it is located, is damaged or destroyed by fire, explosion, act of God, or act of the public enemy, a new primary or secondary dwelling or duplex may be constructed in the same location, provided it does not expand the area of the previous footprint by more than 25 percent. The new dwelling will remain legal nonconforming.

  • c. Expansion. The square footage area of a primary or secondary dwelling or duplex may be expanded by up to 25 percent, or to the maximum size permitted under current regulations, whichever is less.

  • d. Structural Alterations. Structural alterations are permitted for a nonconforming primary or secondary dwelling or duplex.

  • e. Zoning Clearance Required. Prior to the issuance of a building permit, grading permit, septic or well permit for a nonconforming primary or secondary dwelling or duplex, a zoning clearance must be issued by the Director of Resource Management which sets forth the extent of nonconformity and the permissible repair, maintenance, alteration or expansion of the dwelling.

4. Nonconforming churches in the A-SV-20 or ATC district, legally established prior to February 21, 2019, and subject to an approved use permit, may be enlarged or expanded; provided, that any such enlargement or expansion complies with the development standards in Section 28.73.30(B)(1), is contained entirely within the parcel originally approved for the use, would not adversely impact agricultural operations on nearby properties, and is approved as an amendment to the use permit.

(Ord. No. 1807, §2)

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