Chapter 24.465 — NONCONFORMITY REGULATIONS

Sections:

• 24.465.010 Chapter Description.

• 24.465.020 Nonconforming Lots.

• 24.465.030 Nonconforming Buildings or Other Structures.

• 24.465.040 Nonconforming Uses.

• 24.465.050 Nonconforming Due to Annexation.

• 24.465.060 Uses Nonconforming as to Parking. 24.465.070 Abatement of Nonconforming Uses. 24.465.080 Nonconforming Signs.

Chapter 24.465 establishes regulations for nonconforming lots, nonconforming structures, and nonconforming uses, including uses that are nonconforming as to required offstreet parking. This chapter is intended to allow

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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nonconforming lots, structures, uses, and offstreet parking arrangements to continue to the extent consistent with the health, safety and public welfare purposes of this zoning ordinance, with the ultimate goal being to bring such nonconforming lots, structures, and uses into compliance with applicable zoning regulations. (Code 1971, § 15.665.010)

Lots which are nonconforming as to area or width are regulated as follows:

1. Change to Configuration. The lot lines of a nonconforming lot may be changed or adjusted if and only if:

   • a. The resulting reconfiguration brings the nonconforming lot into, or closer to, conformity with the requirements of this zoning ordinance; and

   • b. Any and all other lots affected by the change or adjustment remain in compliance with zoning regulations.

2. Occupation by Use. A nonconforming lot may be occupied by any use permitted in the zoning district in which the lot is located, provided that, any and all other requirements of this chapter and this zoning ordinance are met. A nonconforming lot may be occupied by a nonconforming use only to the extent allowed by section 24.465.040, section 24.465.050, section 24.465.060 and the provisions of chapter 24.445.

3. Construction Activities. The following construction activities may be carried out on a nonconforming lot, provided that, all buildings or other structures, or portions thereof, that are the subject of such construction shall comply with all other requirements of this zoning ordinance including, but not limited to, requirements for setbacks, yards, height, and lot coverage and offstreet parking:

• a. construction of new buildings or other structures; or

• b. additions to existing buildings or other structures. (Code 1971, § 15.665.020)

Buildings or other structures that are nonconforming as to setback, yard, height, lot coverage, or other zoning regulations may be repaired, replaced, or added to, only to the extent permitted by this section:

1. Additions. A nonconforming building or other structure may be added to, provided that the portion of the building or other structure comprising such addition complies with all requirements of this zoning ordinance including, but not limited to, setback, yard, height, and lot coverage regulations.

2. Restoration of Building or Other Structure. If a nonconforming building or other structure is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, structural

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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alterations, or other repairs for purposes of reconstruction may be carried out to the extent allowed by this subsection 2:

a. If the extent of such drainage or partial destruction to the nonconforming building or other structure by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, is more than 50 percent of the value of the structure that was destroyed or partially destroyed, as determined by an appraisal by a qualified appraiser who is acceptable to the director, at the time of such damage or partial destruction, no structural alterations or other repairs for the purposes of reconstruction may be made unless every portion of such building or other structure is made to conform to all regulations for new construction in the zone in which it is located including, but not limited to, setback, yard, height, and lot coverage regulations. The use or uses occupying or otherwise using such building or other structure must also be brought into compliance with the offstreet parking regulations of chapter 24.415 unless such nonconforming building or other structure is in the Downtown Parking Overlay Zone, in which instance, the use or uses must comply with chapter 24.445.

b. However, if the total cost of such structural alterations and other repairs required for reconstruction does not exceed 50 percent of the value of the building or other structure at the time of such damage, such structural alterations and other repairs may be carried out to such damaged or partially destroyed portions of the nonconforming building or other structure without bringing all portions of the building or other structure into conformance with all regulations for new construction in the zone in which it is located.

3. Other Repair. Repair of nonconforming buildings or other structures, other than structural alterations and other repairs required for restoration of damaged or partially destroyed buildings or other structures pursuant to subsection 2 of this section, may be carried out, provided that:

• a. No structural alterations may be carried out unless those structural alterations are determined by the building official to be required for protection of the public health or safety; and

b. No like-for-like reconstruction of nonconforming buildings or other structures may be carried out unless such reconstruction is determined by the building official to be required for protection of the public health or safety. (Code 1971, § 15.665.030)

A nonconforming use, including any uses incidental thereto, may continue provided such use is not intensified, expanded or extended in any way. Nonconforming uses shall not be changed to any other use, in whole or in part, except to a conforming use which is permitted in the zoning district in which the subject site is located. Once a nonconforming use on a site, or a portion of a site, has been discontinued for an uninterrupted period of six months, or changed to a conforming use which is permitted in the zoning district in which the site is located for any period of time, no such nonconforming use may be reestablished anywhere on that site.

However, any use classified within the Family Residential: Two Family use type which lawfully exists in an R-1-6 or R-1-7 subzone may be added to, provided that the portion of the building or structure comprising such addition

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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complies with the requirements of this zoning ordinance, including, but not limited to, requirements for setbacks, yards, height; and lot coverage for the R-1 Zone, and the offstreet parking requirements of chapter 24.415 for a Family Residential: Two Family use type. (Code 1971, § 15.665.040)

A. Continuation of County Permits. Whenever property is annexed to the city and such property has a building, structure, or use of land that was lawfully established or maintained in Ventura County pursuant to a valid permit granted by Ventura County, or any agency or political subdivision thereof, any and all conditions or requirements placed on such permit must be complied with in order to continue or maintain such building, structure, or use of land in compliance with this zoning ordinance. Violation of any such conditions or requirements shall constitute a violation of this zoning ordinance and shall be subject to the enforcement provisions as specified in chapter 24.580 in addition to any and all other penalties and remedies provided by law.

B. Inhabited Annexation. Any property developed with an existing residential use type that becomes nonconforming as to any zoning regulation contained in this zoning ordinance as a result of an inhabited annexation, wherein a vote of the inhabitants of the area annexed was held prior to April 27, 1977, shall be deemed to be a legal nonconforming residential use with respect to such zoning regulations. Any such nonconforming residential use may be continued indefinitely, but the use may not be intensified, enlarged, expanded, or in any other manner changed or altered, except to bring the use into conformity, or closer to conformity, with existing regulations. However, any such nonconforming residential use that has been intensified, enlarged, expanded or otherwise changed or altered since the date the inhabited annexation occurred, and prior to December 31, 1976, may be altered or restored to the nature and scope of residential use that existed on the date of annexation, or to a use that is permitted in the zoning district in which the subject site is located, at the election of the property owner. Repairs may be carried out on buildings or other structures occupied by such nonconforming residential uses if the director determines that such repairs do not enlarge or expand the legal nonconforming use. (Code 1971, § 15.665.050)

The provisions of this section shall apply, in addition to the provisions of section 24.465.040, to all uses that are nonconforming as to the offstreet parking requirements of chapter 24.415 in all areas of the city, except for sites within the Downtown Parking Overlay Zone:

1. Repair of Buildings. Where the offstreet parking provided for a use does not meet the requirements of chapter 24.415 of this zoning ordinance, repair of any buildings on the site occupied by that use may be carried out, provided that, no structural alterations may be carried out unless the building official determines those structural alterations to be necessary for the protection of the public health and safety. If structural alterations are carried out which are not determined by the building official to be necessary for the protection of the public health or

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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safety, all offstreet parking requirements of chapter 24.415 must be met by any and all uses occupying, or otherwise using, any buildings on the subject site.

2. Additions to Building. Where the offstreet parking provided for a use does not meet the requirements of chapter 24.415 of this zoning ordinance, additions to buildings on the site occupied by that use may be carried out only if all requirements of chapter 24.415 are met by any and all uses occupying, or otherwise using, any buildings on the subject site.

3. Vacancy. In addition to the provisions of section 24.465.040 regarding discontinuance of nonconforming uses and change of a nonconforming use to a conforming use, where any non-residential use does not meet the offstreet parking requirements of chapter 24.415 of this zoning ordinance, and the building which the nonresidential use occupies becomes and remains vacant for an uninterrupted period of 12 months, the building may not be reoccupied, nor may any new land use be initiated anywhere on the site, unless all requirements of chapter 24.415 are met. (Code 1971, § 15.665.060)

A. Where no buildings are occupied or otherwise used in connection with a nonconforming use, that use shall be terminated within five years from the date it became nonconforming, provided that:

1. For any use that becomes nonconforming as a result of annexation from Ventura County, the five-year period of time specified by this subsection A for the termination of the nonconforming use shall be computed from the effective date of the annexation;

2. For any use that becomes nonconforming as a result of a zone change, the five-year period of time specified by this subsection A for the termination of the nonconforming use shall be computed from the effective date of the zone change.

• B. Billboards which do not have a valid use permit, shall be removed no later than May 13, 1971. (Code 1971, § 15.665.070)

Nonconforming signs are regulated by chapter 24.420. (Code 1971, § 15.665.080)