Article 13 — Nonconformities and Substandard Lots

8113-0 - Purpose.

The purpose of this Article is to provide for the continuation, alteration, conversion or termination of certain classes of lawful, nonconforming uses and structures (other than signs and billboards) under certain conditions, and to regulate substandard lots. These provisions apply to uses and structures which deviate from the regulations of this Chapter.

8113-1 - Nonconforming structures.

Where structures have been rendered nonconforming due only to revisions in development standards dealing with building lot coverage, lot area per structure, height or setbacks, and the use therein is permitted or conditionally permitted in the zone, such structures are not required to be terminated under this Article and may be continued and expanded or extended on the same lot provided that the structural or other alterations for the expansion or extension of the structure are either required by law, or are in conformance with the regulations in effect for the zone in which such structures are located.

(Am. Ord. 3810—5/5/87; Ord. No. 4618, § 7, 7-25-2023)

8113-1.1 - Nonconforming facilities for nonmotorized wheeled conveyances.

Notwithstanding any other provision of this Article, any facility or structure for nonmotorized wheeled conveyances that has been rendered nonconforming by the enactment of Section 8107-23 and the subsections thereof shall, on or before September 1, 1989, either be brought into conformance or be removed.

(Add Ord. 3895-4/25/89; Am. Ord. 4123—9/17/96—grammar)

8113-1.2 - Nonconforming wireless communication facilities.

Notwithstanding any other provision of this Article, any wireless communication facility rendered nonconforming solely by the enactment or subsequent amendment of development standards stated in Section 8107-45.4 shall be governed by Section 8107- 45.13.

(Ord. No. 4470, § 6, 3-24-2015)

8113-2 - Continuation of existing nonconforming mobilehomes. 8113-2.1 - A nonconforming mobilehome used as a residence under a Continuation Permit in lieu of any and all other residences permitted or conditionally permitted for any purpose may continue to be used as a residence by a new owner if a complete application for a Planning Director Conditional Use Permit (CUP) is received within 60 days of written notice being provided to the owner of the land on which the mobilehome is located that the Continuation Permit has expired and, thereafter, if the CUP is obtained and the following conditions are met:

a.

The mobilehome is in compliance with Sections 8107-1.3.2 and 8107-1.3.3 and the parking requirements of Article 8; and

b.

The mobilehome was being used legally as a residence on the subject site on or before July 24, 1978, and the mobilehome has been so used and has remained continuously in place since the actual commencement of such use.

(Am. Ord. 3810—5/5/87)

(Ord. No. 4407, § 9, 10-20-2009)

8113-2.2 - Mobilehomes used as residences under a Planning Director Conditional Use Permit between July 24, 1978 and July 2, 1981, may continue to be used as such if no other residence was located on the subject site at any time between July 24, 1978 and the time of issuance of the Planning Director Conditional Use Permit, provided that either: 1) a modification to renew the Planning Director Conditional Use Permit is obtained; or 2) the status of the mobilehome as a single family dwelling meets the provisions of Section 8107-1.3.3 and the parking space requirements of Section 8108-4.7.

(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95)

(Ord. No. 4407, § 9, 10-20-2009)

8113-3 - Nonconforming uses due only to changes in parking requirements.

Where uses have been rendered nonconforming due only to changes in parking requirements, and the use is permitted or conditionally permitted in the zone, such uses are not required to be terminated under this Article and may be continued and expanded or changed according to the procedures outlined in Sections 8108-1, 8108-2, 8108-4.7 and 8111-6.

(Ord. No. 4407, § 9, 10-20-2009)

8113-3.1 - Expansion and conformance.

Expansion of the particular use shall be permitted if the current parking requirements for the use can be met, and the addition or enlargements otherwise conform to the regulations in effect for the zone in which it is located.

8113-3.1.1 - Exception.

A single-family dwelling that does not meet current parking requirements may be expanded if all of the following conditions exist:

a.

The dwelling has at least one covered parking space;

b.

The existing lot configuration does not allow for a second covered space, or does not allow for access to a second covered space;

c.

The driveway provides a minimum of 20 feet from the property line to the existing covered space, which can be utilized as a parking space;

d.

The proposed addition otherwise conforms to the provisions of this Chapter;

e.

If the gross floor area of the dwelling, including the expansion but excluding garage space, will be 1,000 square feet or less, compliance with a and c of this Section is not required.

(Add Ord. 3701—8/28/84; Am. Ord. 3749—10/29/85; Am. Ord. 4123—9/17/96)

8113-3.2 - Changes of use.

Changes of use to a similar use, with the same or less parking requirements and type of permit allowed in the same zone, shall be allowed provided that current requirements for parking can be met. Where parking cannot meet the current requirement for the new use, the required permit under this Chapter must be obtained. In such cases, the parking requirements shall be determined to the satisfaction of the Planning Division and be specified by the permit. The parking specified under the permit shall not be considered conforming.

8113-3.3 - Discontinuance and change of use status.

The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use, or a change of nonconforming use to a conforming use, constitutes abandonment and termination of the nonconforming status of the use.

8113-4 - The keeping of animals.

Except for the nonconformities due to the keeping of roosters which are regulated by Section 8107-2.3.7 of this Chapter, nonconformities due to the keeping of all other animals as a use, number of animals, type of animals, minimum lot area required for animals, or other standards for the keeping of animals as an accessory use to dwellings, shall be brought into conformance not later than three (3) years after the same becomes nonconforming, unless a Continuation Permit is granted in accordance with Section 8113-5.4 of this Chapter.

(Ord. No. 4411, § 7, 3-2-2010; Ord. No. 4580 § 6, 4-13-2021)

8113-5 - Other nonconforming uses (no longer permitted).

All nonconforming uses which are no longer permitted in the zone in which they are located shall be regulated according to the following provisions:

8113-5.1 - Uses not involving permanent structures.

The nonconforming use of land where no permanent structure is involved shall be terminated not later than three years after such use becomes nonconforming.

8113-5.2 - Uses within structures subject to amortization.

All nonconforming commercial or industrial uses in Residential (R), Open Space or Agricultural zones, within conforming or nonconforming structures, shall be amortized from the effective date of this Chapter or a later amendment which renders the use nonconforming, based on the square footage of the structure at the time the use is rendered nonconforming, as follows: Ten (10) years for one thousand (1,000) square feet, plus one and one-quarter (1.25) years for each additional one hundred (100) square feet over one thousand (1,000) square feet; maximum sixty (60) years. At the end of the amortization period, the use shall be brought into conformance with this Chapter or terminated, unless a continuance is obtained pursuant to Section 8113-5.4.

(Am. Ord. 3730—5/7/85)

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.2.1 - Expansion and change of use prohibited.

Nonconforming uses under Section 8113-5.2 above shall not be changed to another use or be expanded or extended in any way on the same or any adjoining land nor into any other portion of a structure or lot during the amortization period, except for structural alterations which may be required by law, or expansions as allowed by Section 8113-5.5. Furthermore, such nonconforming uses shall not be expanded or extended beyond the scope of specific conditions to a continuance of nonconformity granted pursuant to Section 8113-5.4 of this Article, and subsequent to the period of amortization.

(Am. Ord. 3730—5/7/85)

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.2.2 - Discontinuance or change of use status.

The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use.

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.2.3 - Notice of amortization.

The Planning Director shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Chapter, in those instances where the Planning Director has knowledge of such nonconformity. Such notice shall be sent in a timely manner. If the amortization period ends before or less than six (6) months after such knowledge of the nonconformity, notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article.

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.2.4 - Notice of termination and order to comply.

Notice of Termination of a nonconforming use and order to comply shall be served by the Planning Director at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In those instances where the Planning Director is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconforming use.

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.2.5 - Reserved.

Editor's note— Ord. No. 4411, § 7, adopted March 2, 2010, repealed § 8113-5.2, which pertained to request for a continuance of nonconformities beyond period of amortization and derived from Ord. No. 3730, adopted May 7, 1985.

8113-5.3 - Uses not amortized.

Upon the effective date of this Chapter or a later amendment thereto, any nonconforming use within a structure not otherwise identified in Section 8113-5.2, such as schools, boardinghouses, residential uses in commercial and industrial zones, uses in excess of the number permitted per lot, commercial uses in commercial zones, and industrial uses in industrial zones, may continue, provided that:

(Am. Ord. 3730—5/7/85)

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.3.1 - Expansion.

No additions or enlargements shall be made to such nonconforming use or the structure in which it is located, except for alterations which may be required by law, expansions within the existing structure if no structural alterations are made, expansions as allowed by Section 8113-5.5, or additions to existing principal dwellings in residential zones, which otherwise conform to the specific development standards of the zone in which the use is located. In the case of principal dwellings in excess of the number permitted per lot, only one such dwelling may be expanded. The height and setback standards of the R1 zone shall apply to a nonconforming residential use in a commercial or industrial zone.

(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87)

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.3.2 - Change of use.

The nonconforming use may be changed to a use that is similar, provided that it has a parking requirement which is the same as or less than the nonconforming use, except that the nonconforming use may not be changed to a use that requires a Conditional Use Permit under this Chapter.

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.3.3 - Discontinuance and change of use status.

The discontinuance for a period of one hundred eighty (180) or more days of the nonconforming use, or a change of the nonconforming use to a conforming use, a dissimilar use or a Conditionally Permitted Use, constitutes abandonment and termination of the nonconforming status of the use.

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.4 - Continuance of nonconforming uses and structures.

a.

Grounds for Continuance—A Continuation Permit for Nonconforming Uses and Structures may only be granted if all of the following standards are met, or if the Planning Commission imposes conditions and limitations as necessary to allow the following standards to be met:

(1)

Special circumstances apply to any such use or structure that do not apply generally to other uses and structures in the same vicinity and zone; and

(2)

The continuance is not detrimental to the public interest, health, safety, convenience, or welfare.

b.

Application Process for Continuance—Any application for a Continuation Permit for Nonconforming Uses and Structures must be filed with the Planning Division prior to permit expiration or within thirty (30) days following the service of a Notice of Termination and Order to Comply.

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.5 - Expansion of nonconforming uses in the Open Space zone.

Uses that are no longer permitted in the Open Space zone due to changes to zoning regulations approved on March 2, 2010, may be expanded with an Expansion Permit for Nonconforming Uses. An Expansion Permit for Nonconforming Uses may only be granted if all of the following standards are met, or if the Planning Commission imposes conditions and limitations as necessary to allow the following standards to be met:

a.

The expansion is twenty-five (25) percent or less of the total square footage of the buildings or use area that existed, or were lawfully permitted, on March 2, 2010; and

b.

The expansion of the use is not detrimental to the public interest, health, safety, convenience, or welfare.

(Ord. No. 4411, § 7, 3-2-2010)

8113-6 - Destruction.

The following provisions shall regulate the destruction of structures in the given situations:

8113-6.1 - Uses not amortized.

The following provisions shall apply to nonamortized nonconforming structures and structures containing nonconforming uses not subject to amortization:

8113-6.1.1 - Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of fifty (50) percent or less of its floor or roof area which existed before destruction, or is involuntarily damaged or destroyed in whole or in part, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the damage or destruction may be continued if a complete building permit application for a replacement structure has been submitted to the Building and Safety Division within a period of twelve (12) months after the

occurrence of the damage or destruction, and said building permit once approved is diligently pursued to completion prior to permit expiration.

Nonconforming structures damaged or destroyed in the Thomas Fire may be rebuilt to their original state if a complete building permit application has been submitted to the Building and Safety Division on or before January 1, 2023, and the building permit once approved is diligently pursued to completion prior to permit expiration. If a complete building permit application has not been submitted to the Building and Safety Division by the deadlines specified above, all replacement structure(s) must meet all current requirements and standards of this Chapter. The fifty (50) percent standard is a cumulative figure for voluntary removal. Successive alterations to the same structure that exceed a cumulative fifty (50) percent cannot be made.

(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Ord. No. 4532, § 6, 10-30-2018)

8113-6.1.2 - Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of more than 50 percent of its floor or roof area which existed before destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located. 8113-6.2 - Uses amortized.

The following provisions shall apply to amortized nonconforming structures and structures containing nonconforming uses subject to amortization:

8113-6.2.1 - Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of 50 percent or less of its floor or roof area before destruction, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the partial destruction may be continued if the restoration is started within a period of 12 months after the occurrence of the partial destruction and is diligently pursued to completion. The 50 percent standard is a cumulative figure for voluntary removal. Successive alterations to the same structure that exceed a cumulative 50 percent cannot be made.

(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95)

8113-6.2.2 - Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of more than 50 percent of its floor or roof area before such removal, damage or destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located.

(Am. Ord. 3730—5/7/85)

8113-7 - Additional use.

While a nonconforming use of any kind except the keeping of animals exists on any lot, no additional principal or accessory use is permitted even if such additional use would be a conforming use.

8113-8 - Use of nonconforming lots.

The use of land as permitted for the zone or subzone in which it is located shall be permitted on a lot of less area than that required by the regulations of such zone or subzone if and only if the lot is a legal lot.

(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87)

8113-9 - Involuntary nonconformance.

Notwithstanding any other provision of this Chapter, no lot shall be considered nonconforming within the purview of this Article if such lot is rendered nonconforming as a result of a conveyance of any interest in said lot to a public entity through eminent domain proceedings, under threat of eminent domain proceedings or to meet a requirement of any public entity having jurisdiction.

(Am. Ord. 3730—5/7/85)

8113-10 - Effect of change of zoning regulations. 8113-10.1 - On authorized uses under discretionary permits.

Any construction, expansion or alteration of a use of land or structures and any required Zoning Clearance therefor, which are authorized by a discretionary entitlement approved on or before the effective date of an ordinance amendment, may be completed as

authorized in the entitlement and in accordance with Section 8111-5.7 of this Chapter.

8113-10.2 - On uses requiring a ministerial decision.

All uses involving construction, expansion or alteration of a use of land or structures which requires a ministerial decision only, shall be required to comply with the new regulations on the effective date of the ordinance amendment. If the required Zoning Clearance has been issued and the change of regulation is such that the Zoning Clearance no longer conforms to the provisions of this Chapter, a new Zoning Clearance which conforms to the newly adopted regulations must be obtained before a building permit or other necessary entitlement is issued by any agency.

8113-10.3 - Where the only change is in the type of permit required.

If the adoption of this chapter, or any amendment to this chapter, results only in a requirement for a different permit for the same existing use or structure, the use or structure shall be governed by the following provisions:

(a)

If the use or structure affected is existing lawfully as a permitted or conditionally permitted use or structure, the existing use or structure is hereby deemed to be conforming without any further action.

(b)

Except as provided in this Section, any modification or expansion of the use or structure, change of use, or additional use shall conform to the provisions of this chapter, including the requirements for type of permit. In those instances where a new discretionary permit is required, all uses and structures on the same parcel(s) as the modified or expanded use or structure shall be subject to the discretionary permit. Any conditions imposed on any such new permit shall be reasonably related to the modification or expansion being requested.

(c)

Any change to a use or structure which requires a Planned Development Permit or a Conditional Use Permit, but would be exempt from CEQA, not have any adverse impact on adjacent land uses, and would not conflict with the findings otherwise required pursuant to Sections 8111-1.2.1.1 through 8111-1.2.1.6, may be acted upon by the Planning Director or designee through a Zoning Clearance. Such changes may include, but are not limited to the following:

(1)

A change in use where the new use requires the same or lesser type of permit as the existing use, provided that any resulting increase in parking space requirements will be accommodated on-site or off-site as described in Section 8108-3.3.1.

(2)

A cumulative increase or decrease of not more than ten (10) percent in gross floor area; permit area; the area of walls, fences or similar structures used as screening; height; parking area; landscaping area; or total area of on-site identification signs; provided that any resulting increase in parking space requirements will be accommodated on-site or off-site as described in Section 8108-3.3.1.

(3)

Replacements of accessory dwelling units or farmworker or caretaker dwellings, where said replacements do not exceed the current standards of this Chapter.

(4)

Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style.

(d)

Any modification required by law shall not result in a requirement for a new land use permit.

(e)

If the use affected is under a permit that specifies an expiration date or clause and the new regulation requires a different permit, the use may continue until the specified point of expiration, at which time the permit expires and the use shall terminate, unless the required permit has been applied for under this chapter prior to the expiration of the existing permit.

(Add Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96; Am. Ord. 4144—7/22/97; Am. Ord. 4281—5/6/03)

(Ord. No. 4407, § 9, 10-20-2009; Ord. No. 4519, § 8, 2-27-2018)