Article 27 — Nonconforming Buildings and Uses

(a) Abatement of use when no main building is involved. Where no main buildings are used in connection with the nonconforming use of land, or where the only buildings used are accessory or incidental to such use, the nonconforming use of such land shall be discontinued not later than three (3) years after such use becomes nonconforming, and all uses thereafter shall conform to the regulations of the applicable zone classification and the provisions of this chapter.

(b) Expansion. A nonconforming use of land shall not be expanded of extended in any way, either on the same or any adjoining land.

(c) Discontinuance or change. The discontinuance of a nonconforming use of land for more than ninety (90) days shall constitute abandonment and termination of the nonconforming use, and thereafter the use of the land shall conform to the regulations of the applicable zone classification. The City shall provide written notice to property owner that the use is abandoned and terminated and that future use of the property must conform to the applicable zoning regulations.

(d) Nonconforming keeping of animals. The nonconforming housing, keeping, pasturing or confining of any animal within territory annexed to the City shall be terminated within ninety (90) days of the effective date of the annexation, and keeping of animals shall comply with the applicable City zoning standards from that time forward. (e) Nonconforming fences. Where no main buildings are used in connection with the nonconforming use of land, and the nonconforming use is the construction or maintenance of a fence, such nonconforming use shall be discontinued not later than ninety (90) days after such use becomes nonconforming.

(§ 8162.1, T.O.O.C., as amended by § 3, Ord. 94, §20, Ord. 95, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and §§ 6 and 7, Ord. 989-NS, eff. February 23, 1988, as amended by § 4, Ord. 1108-NS, eff. June 20, 1991, and § 4, Ord. 1230-NS, eff. April 18, 1995)

(a) Intent and purpose. The purpose of this section is to establish regulations pertaining to modifications to existing nonresidential buildings and structures and their associated on-site improvements which are nonconforming with respect to existing development standards and regulations. In general, it is the policy of the City to encourage the continued exterior upgrading and proper maintenance of nonconforming nonresidential buildings, and their associated parking areas and facilities. When a modification to a nonconforming nonresidential building is requested, the City shall require compliance with current development and zoning standards commensurate with the extent of improvements proposed to upgrade the building and/or property. This section establishes graduated improvement requirement for these buildings and properties, which are subject to the Design Review Requirements set forth in Article 18 of Title 9 of this Code.

(b) General. Except in residential zones and as permitted by State law, nonconforming nonresidential buildings or structures may be maintained subject to the following conditions:

(1) If any nonconforming building or structure is demolished or destroyed voluntarily, every building or structure occupying the property thereafter, and any uses of such buildings, structures, or premises shall conform to the current standards and requirements of the applicable zone.

(2) If any nonconforming building or structure is demolished or destroyed involuntarily by an explosion, flood, fire, tornado, hurricane or any other natural occurrence, any new building or structure on the premises may be constructed according to the zoning standards and requirements existing at the time the demolished structures were originally constructed.

(3) Nothing in this section prohibits or is intended to prohibit maintenance or repair to the exterior walls or roof of any nonconforming building, which work does not alter the building’s architectural design or enlarge the size of the structure.

(c) Exterior building upqrading. The addition of exterior architectural design features to existing nonconforming buildings and structures, with no expansion of the existing floor area of the building, is permitted subject only to the review and approval by the City of an Administrative Action (AA) pursuant to Section 9-4.2805 of this Code. To assure compliance with the City’s architectural design review guidelines, the following conditions shall be met as conditions of approval of an Administrative Action (AA):

(1) Existing nonconforming zoning aspects of the building and site improvements may be allowed to continue, but the degree of nonconformance shall not be increased;

(2) Any unpaved parking area in the site serving the building shall be paved and striped in accordance with the specifications of Article 24 of Title 9 of this Code (off-street parking);

(3) All corrective work must be undertaken to remove any existing deficiencies with respect to Title 8 of this Code (Building Regulations) which the Building Official and/or his/her designee finds may endanger public safety;

(4) Relief from full compliance with the provisions of Article 18 of Title 9 of this Code and the Architectural Design Guidelines referenced therein may be granted by the Community Development Director as determined necessary to achieve the general purpose of this chapter.

(d) Building additions and/or expansions.

(1) A one-time addition or expansion to a nonconforming building not to exceed the lesser of ten (10%) percent of the existing gross building floor area, or eight thousand (8,000) square feet, may be approved as a minor modification to the project’s entitlement by the Community Development Director. In approving said modification, the Director may waive full compliance with the Architectural Design Guidelines referenced in Article 18 of Title 9 of this Code. Furthermore, the following modified standards may be imposed by the Director on the modification request:

(i) Parking. The number of on-site parking spaces may be retained at the current parking ratio found on the property. Reductions to these pre-existing parking spaces may be made to facilitate new parking spaces for the

physically challenged and to correct safety, landscaping and site visibility requirements. In addition, up to one hundred (100%) percent of the spaces may be compact spaces without the submittal of a special use permit.

(ii) New parking. The required number of parking spaces for the new building additions and/or expansions to a nonconforming building, may be reduced by ten (10%) percent from the parking requirements set forth in Section 9- 4.2902 of this Code.

(iii) Building setback, yard area, landscaping. The existing building setback, yard area, and landscaping may be retained to accommodate building enlargement to the nonconforming building and may be reduced up to fifty (50%) percent from the applicable standards. If landscaping setback either existing or created would be three (3') feet in width or less, then a one hundred (100%) percent setback reduction could be granted, if such landscaping would be ineffective in the opinion of the Community Development Director.

(2) If the proposed addition and/or expansion to an existing nonconforming building or structure exceeds the lesser of ten (10%) percent of the total gross building floor area or eight thousand (8,000) square feet, the proposed addition and/or expansion shall comply with the currently adopted zoning standards and zoning requirements, by filing the applicable modification application to the project’s entitlement.

(§ 8162.2, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 1, Ord. 887-NS, eff. April 9, 1985, and § 5, Ord. 1230-NS, eff. April 18, 1995)

(§ 2, Ord. 887-NS, eff. April 9, 1985, as amended by §§ 5, 6, Ord. 1177-NS, eff. April 27, 1993; repealed by § 6, Ord. 1230-NS, eff. April 18, 1995)

(a) If any nonconforming building or structure is demolished or destroyed voluntarily, such demolished or destroyed structure shall be rehabilitated or reconstructed pursuant to all current zoning standards and zoning requirements applicable to that zone.

(b) In all residential zones, a nonconforming building or structure which was designed or intended for a nonresidential use shall be completely removed or converted to conform to the regulations of the applicable residential zone within a time prescribed by the Planning Commission and the City Council. It shall be the purpose of the Commission and the Council to determine the reasonable unamortized value of such nonconforming building or structure and to make an allowance of not less than two and one-half (21/2%) percent per annum of the original cost in determining the date by which such nonconforming building or structure shall be removed or converted to a conforming status.

(c) If any nonconforming building or structure is demolished or destroyed involuntarily by an explosion, flood, fire, tornado, hurricane or any other natural occurrence, such demolished or destroyed structures may be rehabilitated or reconstructed according to the zoning standards and requirements existing at the time the structures were originally constructed. If the building or structure was originally constructed prior to incorporation of the City of Thousand Oaks, the zoning standards in effect during the year of incorporation (1964) shall apply.

(§ 8162.3, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 7, Ord. 1230-NS, eff. April 18, 1995)

*Sec. 9-4.2704. Nonconforming uses of conforming buildings.

A nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure. If such nonconforming use, or portion thereof, is discontinued for ninety

(90) days or more, any subsequent use of the building or structure, or portion thereof, shall conform to the provisions of Title 9 of this Code.

(§ 8162.5, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 8, Ord. 989-NS, eff. February 23, 1988, as renumbered and amended by § 9, Ord. 1230-NS, eff. April 18, 1995)

* Section 9-4.2704 entitled “Partially destroyed nonconforming buildings,” recodified from Section 8162.4,

T.O.O.C., renumbered by Section XIV, Ord. 173-NS, eff. November 5, 1970, as amended by Section 1, Ord. 1166-NS, eff. December 15, 1992, repealed by Section 8, Ord. 1230-NS, eff. April 18, 1995.

(a) The nonconforming use of a nonconforming building or structure shall not be expanded or extended to portions of such building or structure which were not in use at the time the use became nonconforming.

(b) The nonconforming use of a nonconforming building or structure may be changed to another use of the same zoning classification

provided no exterior structural alterations are made therein.

(c) The nonconforming use of any nonconforming building may be changed to any use which is permitted in a more restrictive zone, except no residential use shall be permitted to replace nonconforming uses within commercial or industrial zones. The sequence of such zones, the first being the most restrictive and the last being the least restrictive, is as follows: R-1, R-O, R-E, R-A, R-2, H-P-D, R-P-D, R-3, T-P-D, C-O, C-1, C-2, C-3, C-4, M-1, and M- 2.

When the zoning use of a nonconforming building is changed to a use which is permitted in a more restrictive zone, such nonconforming building shall not thereafter be reoccupied by a use which is permitted only in a less restrictive zone.

(§ 8162.6, T.O.O.C., as amended by § 14, Ord. 89, and §20, Ord. 126, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as renumbered and amended by § 10, Ord. 1230-NS, eff. April 18, 1995)

Except with regards to the keeping of animals, which shall be regulated by Section 9-4.2701 of this article, a variance or permit is hereby granted automatically so as to permit the continuation of the particular existing uses of any building, structure, improvement or premises existing in the respective zones immediately prior to January 14, 1965, or whenever any amendment to this code thereafter becomes effective if such existing use was not then in violation of the law and the zoning amendment does not provide for a specific abatement period. Whenever the zone classification is changed, any property being used pursuant to a variance or permit may be used thereafter in the manner authorized by such variance or permit as a nonconforming use for the duration of the variance or permit. (§ 8162.8, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 9, Ord. 989-NS, eff. February 23, 1988, renumbered by § 11, Ord. 1230-NS, eff. April 18, 1995)

Any lot of record, prior to the effective date of an applicable zone classification on the property, may be used as a building site even though the lot has less lot area or lot width than the zoning requirements. This use is authorized provided the owner of such lot does not own, in whole or in part, any contiguous recorded lot as of March 22, 1973. Whenever two (2) or more nonconforming lots, or a nonconforming and conforming adjoining lot, are held in common ownership, the lots shall be merged in order to achieve the required lot width and area requirements of the underlying zoning in accordance with Article 1.5 of Chapter 3 of the Subdivision Map Act, commencing with

California Government Code Section 66451.10 and Sections 9-3.1210 through 9-3.1216 of the Thousand Oaks Municipal Code unless otherwise waived through a variance application or other appropriate procedure. This merger clause shall not apply to lots in common ownership where any portion of the rear lot lines of each lot are coterminous and each lot has a separate street frontage. In the case of lots containing less than the required width of the zone, the side yard of any building may be reduced to not less than ten (10%) percent of the average lot width or three (3') feet, whichever is greater, and all other yard requirements shall be met. Furthermore, the minimum lot width and lot area of any nonconforming lot to be used as a building site shall not be less than thirty (30') feet in width or three thousand (3,000) square feet in area.

(§ 8162.7, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, amended by § I, Ord. 353-NS, eff. March 22, 1973, § 2, Ord. 974-NS, eff. September 8, 1987, renumbered by § 11, Ord. 1230-NS, eff. April 18, 1995, as amended by part 28, Ord. 1437-NS, eff. July 7, 2005)