Ventura County Municipal Code Art. 13 Nonconformities and Substandard Lots

a. The purpose of this Article 13 is to establish regulations to provide for the continuation, alteration, conversion, or termination of certain classes of lawful nonconforming uses and structures (excluding signs and billboards) under specific conditions and to regulate substandard lots that do not meet the requirements of this Chapter.

b. This Article 13 applies to uses and structures that deviate from the regulations outlined in this Chapter, including those that do not comply with current zoning or land use regulations, were lawfully established prior to changes in regulations, and require special consideration due to their nonconforming status.

c. This Article 13 provides a framework for managing nonconforming uses and structures, as well as substandard lots, to ensure that they are handled in a fair and consistent manner.

(Ord. No. 4650, § 13, 9-16-2025)

This section addresses structures that have become nonconforming due to changes in development standards, specifically: building lot coverage, lot area required per structure, height or setbacks. If the structure is nonconforming only because of these changes, and the use therein is permitted or conditionally permitted in the zone then the structure is not required to be removed and the use is not required to be terminated. The structure 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. 4618 - 7/25/23)

(Am. Ord. 3810—5/5/87; Ord. No. 4618, § 7, 7-25-2023; Ord. No. 4650, § 13, 9-16-2025)

Notwithstanding any other provision of this Article 13, any structures for bicycles, skating, or other nonmotorized conveyances that do not conform to Section 8107-23 and the subsections thereof shall either be brought into conformance or be removed.

(Add Ord. 3895-4/25/89; Am. Ord. 4123—9/17/96—grammar; Ord. No. 4650, § 13, 9-16-2025)

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)

Editor's note— Ord. No. 4650, § 13, adopted Sept. 16, 2025, repealed § 8113-2, which pertained to continuation of existing nonconforming mobilehomes and derived from Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; and Ord. No. 4407, § 9, 10-20-2009.

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)

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.

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)

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.

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.

Except for the nonconformities due to the keeping of roosters which are regulated by Section 8107-2.3 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; Ord. No. 4650, § 13, 9-16-2025

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

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

(Ord. No. 4650, § 13, 9-16-2025)

This Section 8113-5.2 et seq. applies to nonconforming commercial or industrial uses located within: Residential (R-Zones), Open Space (OS) or Agricultural Exclusive (AE) Zones. These nonconforming uses may be within either conforming or nonconforming structures.

a. Amortization Requirements:

(1) The nonconforming use will be subject to amortization, which means that it will be phased out over a certain period of time.

(2) The amortization period is calculated based on the square footage of the structure at the time the use becomes nonconforming. For the first one thousand (1,000) square feet, the amortization period is ten (10) years. For each additional one hundred (100) square feet over one thousand (1,000) square feet, the amortization period increases by 1.25 years. The maximum amortization period is sixty (60) years. At the end of the amortization period, one (1) of the following must occur: the use is brought into conformance with this Chapter, it is terminated, or a continuance is obtained through a Continuation Permit pursuant to Section 8113-5.4.

(3) The effective date of this Chapter or a later amendment that renders a use nonconforming will trigger the start of the amortization period.

(Am. Ord. 3730—5/7/85; Ord. No. 4411, § 7, 3-2-2010; Ord. No. 4650, § 13, 9-16-2025)

This section applies to nonconforming uses that are subject to amortization under Section 8113-5.2 above.

a. Prohibitions: During the amortization period, the following are prohibited, except structural alterations that are required by law may be permitted and expansions may be allowed through an Expansion Permit under Section 8113-5.5 of this Chapter:

(1) Changing the nonconforming use to another use,

(2) Expanding or extending the nonconforming use in any way on the same or adjoining land, or

(3) Expanding or extending the nonconforming use into any other portion of a structure or lot.

b. After the amortization period has ended, nonconforming uses shall not be expanded or extended beyond the scope of specific conditions granted in a Continuation Permit pursuant to Section 8113-5.4 or changed or modified in any way that would allow them to continue as a nonconforming use.

(Am. Ord. 3730—5/7/85; Ord. No. 4411, § 7, 3-2-2010; Ord. No. 4650, § 13, 9-16-2025)

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)

a. The Planning Director is responsible for providing notice (Notice of Amortization) to property owners whose properties or uses are nonconforming with the regulations of this Chapter.

b. The Notice of Amortization must be sent by certified mail and shall include the date on which the amortization period will end and all pertinent provisions of this Article 13, including its declared purposes.

c. The Planning Director shall send the Notice of Amortization in a timely manner. If the amortization period is less than six (6) months from the date the Planning Director becomes aware of the nonconformity, the Notice of Amortization shall specify that the amortization period will be extended to at least six (6) months from the date the notice is sent and provide the property owner with a minimum of six (6) months' notice before the end of the amortization period.

d. Failure to send a Notice of Amortization by mail to a property owner due to an unknown address (i.e., not a matter of public record) shall not invalidate any proceedings under this Article.

(Ord. No. 4411, § 7, 3-2-2010; Ord. No. 4650, § 13, 9-16-2025)

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)

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.

Any nonconforming use within a structure not otherwise identified in Section 8113-5.2, such as schools, residential uses in commercial and industrial zones, uses or structures in excess of the number permitted per lot (i.e., excess number of principal dwellings on 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; Ord. No. 4650, § 13, 9-16-2025)

No additions or enlargements shall be made to such nonconforming use or the structure in which a nonconforming use 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 (1) 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; Ord. No. 4650, § 13, 9-16-2025)

A nonconforming use may be changed to a use that is similar, provided that it has a parking requirement that 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; Ord. No. 4650, § 13, 9-16-2025)

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; Ord. No. 4650, § 13, 9-16-2025)

a. Grounds for Continuance: A Continuation Permit may only be granted if 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 request for a Continuation Permit 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 in accordance with Section 8113-5.2.4.

(Ord. No. 4411, § 7, 3-2-2010; Ord. No. 4650, § 13, 9-16-2025)

Uses that are no longer permitted in the OS Zone due to changes to zoning regulations approved on March 2, 2010, may be expanded with an Expansion Permit. An Expansion Permit 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 in gross floor area of the buildings or the total square footage of the permit area that existed, or were lawfully permitted, on March 2, 2010; and

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

(Ord. No. 4411, § 7, 3-2-2010; Ord. No. 4650, § 13, 9-16-2025)

The following provisions shall regulate the destruction of nonconforming structures and structures containing nonconforming uses in the given situations:

(Ord. No. 4650, § 13, 9-16-2025)

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

(Ord. No. 4650, § 13, 9-16-2025)

a. Voluntary Removal, Damage or Destruction (fifty (50) percent or less): Whenever a nonconforming structure or a structure containing a nonconforming use is voluntarily removed, damaged or destroyed to the extent of fifty (50) percent or less of the structure's floor or roof area that existed before the structure's destruction, the structure may be restored to its original purpose, size and location on the lot existing before such removal, damage or destruction if:

(1) A Zoning Clearance is obtained that confirms the project meets the criteria of this Section 8113-6.1.1(a), and

(2) A complete building permit application has been submitted to the Building and Safety Division within twelve (12) months of the voluntary removal, damage or destruction, and the building permit once approved is diligently pursued to completion prior to permit expiration. If a building permit application is not submitted within the specified deadline, all replacement structure(s) and the use must meet all current requirements and standards of this Chapter.

The fifty (50) percent standard is a cumulative figure for voluntary removal, damage or destruction. Successive voluntary alterations to the same structure that exceeds a cumulative fifty (50) percent cannot be made unless every portion of such structure and the use are made to conform to the regulations and standards of this Chapter.

b. Voluntary Removal, Damage or Destruction (More than fifty (50) percent): Whenever a nonconforming structure or a structure containing a nonconforming use is voluntarily removed, damaged or destroyed to the extent of more than fifty (50) percent of the structure's floor or roof area that existed before the structure's destruction, no structural alterations, repairs, construction or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations and standards of this Chapter.

(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Ord. No. 4532, § 6, 10-30-2018; Ord. No. 4650, § 13, 9-16-2025)

Except as provided in Section 8113-6.1.3 below, whenever a nonconforming structure or a structure containing a nonconforming use is involuntarily damaged or destroyed in whole or in part, the structure may be restored to its original purpose, size and location on the lot existing before such removal, damage or destruction, and the occupancy or use of the structure or part thereof may be continued, if:

a. A Zoning Clearance is obtained that confirms the project meets the criteria of this Section 8113-6.1.2, and

b. A complete building permit application has been submitted to the Building and Safety Division within twelve (12) months of the damage or destruction, and the building permit once approved is diligently pursued to completion prior to permit expiration. If a building permit application is not submitted within the specified deadline, all replacement structure(s) and the use must meet all current requirements and standards of this Chapter.

(Ord. No. 4650, § 13, 9-16-2025)

Whenever a nonconforming structure or a structure containing a nonconforming use is involuntarily damaged or destroyed in whole or in part, in a local, state, or federal-declared disaster, the structure may be restored to its original purpose, size and location on the lot existing before such removal, damage or destruction, and the occupancy or use of the structure or part thereof may be continued, if:

a. A Zoning Clearance is obtained that confirms the project meets the criteria of this Section 8113-6.1.3, and

b. A complete building permit application has been submitted to the Building and Safety Division within five (5) years of the damage or destruction resulting from a local, state, or federal-declared disaster, and the building permit once approved is diligently pursued to completion prior to permit expiration. If a building permit application is not submitted within the specified deadline, all replacement structure(s) and the use must meet all current requirements and standards of this Chapter.

(Ord. No. 4650, § 13, 9-16-2025)

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

(Ord. No. 4650, § 13, 9-16-2025)

a. Voluntary Removal, Damage or Destruction (fifty (50) percent or less): Whenever a nonconforming structure or a structure containing a nonconforming use subject to amortization is voluntarily removed, damaged or destroyed to the extent of fifty (50) percent or less of the structure's floor or roof area before the structure's destruction, the structure may be restored to its original purpose, size and location on the lot existing before such removal, damage or destruction, and the occupancy or use of the structure or part thereof that existed at the time of the partial destruction may be continued if:

(1) A Zoning Clearance is obtained that confirms the project meets the criteria of this Section 8113-6.2.1; and

(2) A building permit is obtained within twelve (12) months of the voluntary removal, damage or destruction, and is diligently pursued to completion prior to permit expiration. If a building permit is not issued within the specified deadline, all replacement structure(s) and the use must meet all current requirements and standards of this Chapter.

The fifty (50) percent standard is a cumulative figure for voluntary removal, damage or destruction. Successive voluntary alterations to the same structure that exceed a cumulative fifty (50) percent cannot be made unless every portion of such structure and the use are made to conform to the regulations and standards of this Chapter.

b. Voluntary Removal, Damage or Destruction (More than fifty (50) percent): Whenever a nonconforming structure or a structure containing a nonconforming use subject to amortization is voluntarily removed, damaged or destroyed to the extent of more than fifty (50) percent of the structure's floor or roof area before such removal, damage or destruction, no structural alterations, repairs, construction or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations and standards of this Chapter.

(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Ord. No. 4650, § 13, 9-16-2025)

a. Involuntary Removal, Damage or Destruction (fifty (50) percent or less): Whenever a nonconforming structure or a structure containing a nonconforming use subject to amortization is involuntarily removed, damaged or destroyed to the extent of fifty (50) percent or less of the structure's floor or roof area before the structure's destruction, the structure may be restored to its original purpose, size and location on the lot existing before such removal, damage or destruction, and the occupancy or use of the structure or part thereof that existed at the time of the partial destruction may be continued if:

(1) A Zoning Clearance is obtained that confirms the project meets the criteria of this Section 8113-6.2.2(a); and

(2) A building permit is obtained within twelve (12) months of the involuntary removal, damage or destruction, and the building permit once approved is diligently pursued to completion prior to permit expiration. If a building permit application is not submitted within the specified deadline, all replacement structure(s) and the use must meet all current requirements and standards of this Chapter.

b. Involuntary Removal, Damage or Destruction (More than fifty (50) percent): Whenever a nonconforming structure or a structure containing a nonconforming use subject to amortization is involuntarily removed, damaged or destroyed to the extent of more than fifty (50) percent of the structure's 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 and standards of this Chapter.

(Am. Ord. 3730—5/7/85; Ord. No. 4650, § 13, 9-16-2025)

While a nonconforming use of any kind, except the keeping of animals, exists on any lot, no additional principal use or accessory use is permitted even if such additional use would be a conforming use. This Section 8113-7 does not apply to nonconforming uses authorized to continue under an approved Continuation Permit pursuant to Section 8113-5.4.

(Ord. No. 4650, § 13, 9-16-2025)

a. Lots not meeting the minimum lot area of a specific zoning designation may contain a use as allowed and permitted pursuant to Sections 8105-4 and 8105-5 of this Chapter provided that the lot is a legal lot.

b. 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 to or from a government agency, public entity, or public utility in accordance with Government Code section 66428(a)(2).

(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Ord. No. 4650, § 13, 9-16-2025)

Editor's note— Ord. No. 4650, § 13, adopted Sept. 16, 2025, repealed § 8113-9, which pertained to involuntary nonconformance and derived from Ord. 3730, 5/7/85.

Any construction, expansion or alteration of a use or structure and any required Zoning Clearance therefor, that is authorized by a discretionary entitlement approved on or before the effective date of an amendment to this Chapter, may be completed as authorized in the entitlement and in accordance with Section 8111-4.7 of this Chapter.

(Ord. No. 4650, § 13, 9-16-2025)

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.

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 that requires a Planned Development Permit or a Conditional Use Permit, but would be exempt from CEQA, would 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 1.2.1.8, may be acted upon by the Planning Director 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 onsite or offsite 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 onsite or offsite 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 of the existing permit. When the permit expires, the use shall terminate unless an application request for a new permit has been submitted to the Planning Division prior to the expiration of the existing permit.

f. "County" "projects", as these terms are defined in Section 8101-2.1.2(d), that were previously permitted pursuant to this Chapter prior to enactment of Section 8101-2.1.2(b)(3), are no longer subject to any entitlement previously issued or granted for the project pursuant to this Chapter, and are exempt from any subsequent permitting requirement and other regulation pursuant to Section 8101-2.1.2(b)(3). Notwithstanding the foregoing, if any previously issued or granted entitlement includes conditions of approval or other binding provisions to implement mitigation measures pursuant to CEQA, such mitigation measures shall continue to be implemented to ensure compliance with CEQA. Until the mitigation measures have been successfully completed pursuant to their terms, the applicable County agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with CEQA.

(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; Ord. No. 4650, § 13, 9-16-2025)