Chapter 24.465 — NONCONFORMITY REGULATIONS

Sections:

• 24.465.010 Chapter description.

• 24.465.020 Nonconforming lots.

• 24.465.030 Nonconforming buildings or 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.

This chapter establishes regulations for nonconforming lots, nonconforming structures, and nonconforming uses, including uses that are nonconforming as to required o]-street parking. This chapter is intended to allow nonconforming lots, structures, uses, and o]-street 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:

• A. Change to ConJguration. The lot lines of a nonconforming lot may be changed or adjusted if and only if:

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

  2. Any and all other lots a]ected by the change or adjustment remain in compliance with zoning regulations.

B. 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 Sections 24.465.040 24.465.050, and 24.465.060 and the provisions of Chapter 24.445.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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C. 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 o]-street parking:

1. Construction of new buildings or other structures; or

2. 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:

A. Additions. A conforming 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.

B. Restoration of Building or Other Structure. If a nonconforming building or structure is damaged or partially destroyed by Yre, Zood, wind, earthquake, or other calamity or act of God or the public enemy, structural alterations or other repairs for purposes of reconstruction may be carried out to the extent allowed by this subsection B:

1. If the extent of such damage or partial destruction to the nonconforming building or other structure by Yre, Zood, 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 qualiYed 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 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 o]-street 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.

2. 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.

C. 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, may be carried out; provided, that:

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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1. No structural alterations may be carried out unless those structural alterations are determined by the building o[cial to be required for protection of the public health or safety, and

2. No like-for-like reconstruction of nonconforming buildings or other structure may be carried out unless such reconstruction is determined by the building o[cial to be required for protection of the public health or safety.

D. Remodels, and Other Additions or Alterations. Notwithstanding any provisions of subsections A and C of this section to the contrary, in any instance where a person proposes to, or commences to, alter, expand, or add to an existing nonconforming building or structure and nonconforming portions of the nonconforming building or structure are demolished in the course of such alterations, expansions, or additions, all nonconforming portions of the building or structure so demolished shall be reconstructed in compliance with all height, setback, yard, lot coverage and other regulations applicable for the zone in which the nonconforming building or structure is located. The requirements of this subsection D shall apply regardless of whether such demolition is determined by the building o[cial to be necessary to comply with the Uniform Building Code or required for the protection of the public health and safety. (Code 1971, § 15.665.030; Ord. No. 2001-10, § 7, 6-18-01)

A nonconforming use, including any uses incidental thereto, may continue provided such use is not intensiYed, 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 classiYed 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 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 o]-street 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 speciYed in Chapter 24.580 in addition to any and all other penalties and remedies provided by law.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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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 indeYnitely, but the use may not be intensiYed, 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 intensiYed, 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.

ope 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.

C. Inhabited Montalvo Area Annexation. Any property developed with an existing residential use type or structure that becomes nonconforming as to any zoning regulation contained in this zoning ordinance as a result of an inhabited annexation of Montalvo, e]ective on September 1, 2012, shall be deemed to be a legal nonconforming residential use or structure with respect to such zoning regulations. Any such nonconforming residential use may be continued indeYnitely, but the use or structure may not be intensiYed, enlarged, expanded, or in any other manner changed or altered, except to bring the use or structure into conformity or closer to conformity with existing regulations. However, any such nonconforming residential use or structure that has been intensiYed, enlarged, expanded, or otherwise changed or altered since the date the inhabited annexation occurred, and prior to September 1, 2012, may be altered or restored to the nature and scope of residential use or structure that existed on the date of annexation, or to a use or structure 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 or structure.

D. Animal Livestock Within Montalvo Area Annexation. Any number of chickens or miniature goats that existed within the Montalvo area prior to September 1, 2012, may remain on a legal residential lot for the life of the animal(s); provided, that a resident applies for a director’s permit by July 1, 2014. Any new chickens or miniature goats brought into the Montalvo area after September 1, 2012, are allowed with a director’s permit in the Montalvo area’s single-family lots within the R-1, R-2 zone subject to the following requirements:

1. Chickens.

   • a. No rooster shall be kept on a legal residential lot.

b. Up to a maximum of Yve chickens may be kept on a legal residential lot within the rear yard; provided, that the chicken coop is located no closer than 40 feet from any habitable residential structure on an adjacent property. The chicken coop and enclosure may directly abut the habitable residential structure(s) on site.

• c. No slaughtering is allowed to occur on the property.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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• d. Every household keeping chickens must obtain a director’s permit and must renew the permit annually.

2. Miniature Goats.

• a. Miniature goats are those commonly known as pygmy, dwarf and miniature goat.

  • b. No more than two miniature goats shall be kept on a legal residential lot within the rear yard, except that o]spring may be kept on site for up to 12 weeks from birth; provided, that the goat shed is located no closer than 40 feet from any habitable residential structure on an adjacent property. The goat shed and enclosure may directly abut the habitable residential structure(s) on site.

  • c. No slaughtering is allowed to occur on the property.

  • d. Every household keeping miniature goat(s) must obtain a director’s permit and must renew the permit annually. (Code 1971, § 15.665.050; Ord. No. 2014-001, § 1, 1-13-14)

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 o]-street parking requirements of Chapter 24.415 in all areas of the city, except for sites within the downtown parking overlay zone:

A. Repair of Buildings. Where the o]-street parking provided for a use does not meet the requirements of Chapter 24.415, 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 o[cial 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 o[cial to be necessary for the protection of the public health or safety, all o]-street parking requirements of Chapter 24.415 must be met by any and all uses occupying, or otherwise using, any buildings on the subject site.

B. Additions to Building. Where the o]-street parking provided for a use does not meet the requirements of Chapter 24.415, 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.

C. 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 nonresidential use does not meet the o]street parking requirements of Chapter 24.415, 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)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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A. Where no buildings are occupied or otherwise used in connection with a nonconforming use, that use shall be terminated within Yve 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 Yve-year period of time speciYed by this subsection A for the termination of the nonconforming use shall be computed from the e]ective date of the annexation;

2. For any use that becomes nonconforming as a result of a zone change, the Yve-year period of time speciYed by this subsection A for the termination of the nonconforming use shall be computed from the e]ective 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)