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.