Chapter 18.46 — NONCONFORMING BUILDINGS AND USES

The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing at the effective date of this revised ordinance codified in this title:

A.

Any such nonconforming building or structure may be continued provided that such buildings and structures meet the safety requirements of the California Building Code, and there is no physical change other than necessary maintenance and repair in such building or structure except as permitted in other sections of this title;

B.

Any such nonconforming commercial or industrial use may be continued provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title;

C.

Any part of a building, structure or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use;

D.

Any part of a building, structure or land occupied by a nonconforming use, which use is abandoned or discontinued for a period of two years or more, shall not again be used or occupied for a nonconforming use;

E.

The foregoing provisions of this section also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title, provided, however, that where a period of years is specified in this section for the removal of nonconforming buildings, structures or uses, said period shall be computed from the date of such reclassification or change; and

F.

The foregoing provisions of this section shall not apply so as to prevent the modernization or replacement of public utility buildings, structures, equipment and facilities where there is no change of use or increase in area of property so used.

(Ord. 373, §2, 2023)

Any building or structure, for which a building permit has been issued prior to the effective date of this revised ordinance codified in this title may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within sixty days after the issuance of said permit and diligently prosecuted to completion.

Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of the ordinance codified in this title wherein the expense of such construction does not exceed one hundred percent of replacement value of the building or structure at the time such damage occurred. All such reconstruction shall be performed under one building permit started within a period of one year from date of damage and diligently prosecuted to completion. The provisions of this section shall not apply to public utility buildings and structures.

The provisions of this title apply to uses which become nonconforming by reason of any amendment to the ordinance codified in this title, as of the effective date of such amendment.

Chapter 18.47 - SPECIAL EVENTS

18.47.010 - Special event use.

A.

Upon receipt of a completed application for a special event permit, the city manager or their designee shall determine if the proposed use requires "administrative review" or "city council review." The following criteria shall be considered by the city manager or their designee for such a determination:

1.

Parking (e.g., adequacy of number, location, circulation design, safety, etc.);

2.

Frequency (e.g., possible conflicts with other activities within the community);

3.

Nuisance issues (e.g., dust, noise, odor, etc.);

4.

Circulation (e.g., assurance of pedestrian and vehicular circulation safety);

5.

Public safety (e.g., assurance of providing and maintaining open fire lanes, providing on-site security personnel and on-site emergency care service);

6.

Lighting (e.g., assurance of adequate on-site lighting and limiting off-site light and glare);

7.

Attendance (e.g., number of attendees will affect public safety requirements, adequate number of restroom facilities, as well as many of the other listed criteria);

8.

Clean-up (e.g., assure removal of temporary structures, equipment, debris, etc.);

9.

Duration (e.g., assure appropriate hours of operation and length of the event);

10.

Location (e.g., assure compatibility with surrounding land uses and adequacy of pedestrian and vehicular access);

11.

Signage (e.g., assure size and location that does not obstruct required visibility at driveway locations);

Public notice (e.g., assure standard public noticing of the event where wider impacts to the community may be involved);

13.

Other (e.g., criteria that may be unique to the proposed special event).

B.

The director shall notify the applicant of his/her determination within five working days of receiving a completed application.

(Ord. 373, §24, 2023)