Chapter 17.64 — NONCONFORMING USES

Within the I Zone and Overlay Zones established by this title, uses, buildings, ancillary structures, and lots may exist that do not comply with the requirements of this title. Such noncompliance may include uses that are not permitted or are not permitted in a particular location, or properties that fail to comply with development standards or site planning standards. This chapter permits such legal nonconforming status to continue only in conformity with the terms set forth in this chapter and in Table 17.64.030, Right to Continue Nonconforming Uses and Buildings; provided, however, that nothing set forth in this chapter or in Table 17.64.030 permits the continued violation of any development standard described in Section 17.22.070(A) or the continued violation of any development standard described in Section 17.22.070(B) following a change of use. Nonconformity with subsection 17.22.070(A) and (B) must be corrected or cease as set forth in those subsections. Other legal nonconforming uses and legal nonconforming buildings or standards are permitted to remain, unless and until the occurrence of one of the events set forth in Table 17.64.030 or the expiration of the legal nonconforming building and use as set forth in Section 17.64.030. In the case of an event described in Table 17.64.030, the nonconforming status must comply with the requirements set forth in Table 17.64.030. The existence of legal nonconforming buildings or standards or the existence of a legal nonconforming use shall not be used as a basis or justification for adding other structures or uses prohibited elsewhere in the same zone or overlay zone. (Prior code § 26.5.3; Ord. 1293 § 8, 2023)

• A. There shall be no increase in the floor area or square footage used for legal nonconforming building or use, except as required by a governmental agency to reduce the environmental impacts caused by the use. There shall be no increase in capacity of the use as a result of the exception above.

• B. An existing building or a portion of an existing building containing a conforming use at the effective date of the ordinance codified in this title cannot be converted to a nonconforming use.

• C. A nonconforming use shall not be converted to another nonconforming use.

• D. There shall be no decrease in the parking, loading, or maneuvering capacities as they exist as of the effective date of the ordinance codified in this title if such decrease would either make conforming capacities non-conforming or would decrease capacities of an already nonconforming lot, unless a parking reduction is approved pursuant to Section 17.56.060(Q), "Reduction in required parking spaces."

• (Prior code § 26.5.3-1)

• A. Compliance with the provisions set forth in Table 17.64.030 is required if more than 25% of the floor area of a nonconforming building is vacant for a continuous period of at two years or more.

• B. A building or portion of a building shall be considered vacant for purposes of this section when the building or portion thereof is not legally occupied and used for its permitted use. For these purposes, legally occupied means that the owner or occupant possesses all necessary certificates and permits from the City, including, without limitation, a certificate of occupancy and business license, and there is an ongoing physical use and occupancy for the intended purpose.

• C. The running of the two-year time limit shall not be tolled (suspended) except by the Director under the circumstances described in subsections (C)(1) through (5) below, and only if a delay in re-occupying a building results from the following circumstances: (i) the building is undergoing repairs or renovation, whether voluntary or as a result of force majeure; (ii) the owner or occupant is investigating or testing hazardous materials, or developing a remediation plan, or remediating or removing any hazardous material (as defined in Federal and State laws and regulations); or (iii) the owner is denied possession of or access to the building by an occupant or former occupant (including as a result of a court proceeding or order). The Director will not toll the two-year time limit, except if one of the circumstances described in clauses (i), (ii), and (iii) of this section is applicable, and under the following additional circumstances:

  1. Not later than 60 days prior to the expiration of the two-year period of vacancy, the property owner or authorized representative must apply to the Director for an extension of the two-year time limit.

  2. The application shall be made on a form provided by the Director and shall contain such information as the Director deems necessary to render a determination.

  3. The Director shall determine the amount of time reasonably required to complete the work, taking into account the reason for the delay, the size of the project, and the amount of time typically required for completion of similar projects.

  4. The construction, renovation, or investigation and remediation must be undertaken in a continuous and diligent manner, without delays or work stoppages.

  5. Upon completion of the work, the time so determined by the Director shall be subtracted from the calculation of the period of time a building has been determined to have been vacant under subsection A of this section.

• D. If an owner disputes the determination of the Director that at least 25% of the floor area of a nonconforming building has been vacant for a continuous period of at least two years, the owner shall have the right to appeal such decision in accordance with Section 17.12.050, "Appeals."

• E. Outdoor activities and storage that do not comply with the terms of Section 17.22.070(A)(3)(e) constitute a legally nonconforming usage, and may be continued to the same degree as in existence as of the effective date of the ordinance codified in this title until January 1, 2020, but may not be increased during that period. After January 1, 2020, all outdoor storage and activities (excluding operational equipment used in the business located on the lot) whose location reduces the parking, loading, or maneuvering areas on a lot to a number below that required pursuant to this title must be removed in order to increase to the extent possible the available parking, loading, and maneuvering areas on a lot. Alternatively, a parking waiver reduction may be requested pursuant to Section 17.56.060(Q), "Reduction in required parking spaces."

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Table 17.64.030
Right to Continue Nonconforming Uses and Buildings
Required Compliance
Conformity with
Development Standards
and Site Planning Conformity with the
Event That Standards (Including City's Building Code and
Triggers Conformity with Use Parking, Access, and the California Building
Compliance Requirements Maneuvering) Standards Commission
Over 25% of the Uses within the Prior to the use of the Prior to the use of the
building is vacant for portion of the building portion of the building portion of the building that
more than 2 years that was vacant for that was vacant for over 2 was vacant for over 2
[subject to tolling over 2 years must be years, the entire lot on years, the proposed use
permitted in permitted uses in which the building is must comply with the
§ 17.64.030(C)] accordance with this located must comply with change of use requirements
title. all development standards of the existing structures
and site planning chapter of the City's current
standards in accordance building code and relevant
with this chapter. A sections of the California
minimum of one parking Building Standards
space shall be equipped Commission.
with a Level 2 or higher
EV charger.
Increase in the floor All uses on the lot The lot must comply with New construction must
area of a building per must be permitted all development standards comply with the City's
§ 17.64.020(A) that uses, conditionally and site planning current building code and
does not constitute permitted uses, or standards in accordance relevant sections of the
new construction or temporary permitted with this title, except that California Building
a major alteration or uses in accordance the lot does not have to Standards Commission.
repair with this title. comply with the building Existing construction that
setback requirements in is unreinforced masonry
§ 17.22.080(C), "Building must comply with Ch.
setback," so long as the 15.28 Existing Building
increase in floor area does Code (concerning seismic
not encroach into the requirements), and relevant
building setback area. sections of the California
A minimum of 1 parking Building Standards
space shall be equipped Commission.
with a Level 2 or higher
EV charger.
If the above event occurs, it takes precedence over any other event, and the nonconformity must
conform as set forth above. if one of the following events occurs in the absence of the above described
event, the nonconformity shall comply with the following provisions:

Text read from an image; its layout may differ:
Table 17.64.030
Right to Continue Nonconforming Uses and Buildings
Required Compliance
Conformity with
Development Standards
and Site Planning Conformity with the
Event That Standards (Including City's Building Code and
Triggers Conformity with Use Parking, Access, and the California Building
Compliance Requirements Maneuvering) Standards Commission
Change of use to a Not applicable The parking, Not applicable
category that has maneuvering, and loading
greater parking, capacities on the lot on
maneuvering, or which the use has changed
loading requirement must comply with all of
the requirements of Ch.
17.56, "Off-Street Parking
and Loading." A
minimum of 1 parking
space shall be equipped
with a Level 2 or higher
EV charger.
Minor alteration or Uses permitted on the Not required to bring the New construction must
repair lot on the date of the lot into compliance with comply with the City's
minor repair may the development standards current building code and
continue or site planning standards relevant section of the
of this title. California Building
Standards Commission.
Existing construction that
is unreinforced masonry
must comply with Ch.
15.28 Existing Building
Code (concerning seismic
requirements) and relevant
sections of the California
Building Standards
Commission.

Text read from an image; its layout may differ:
Table 17.64.030
Right to Continue Nonconforming Uses and Buildings
Required Compliance
Conformity with
Development Standards
and Site Planning Conformity with the
Event That Standards (Including City's Building Code and
Triggers Conformity with Use Parking, Access, and the California Building
Compliance Requirements Maneuvering) Standards Commission
New construction or All uses on the lot The lot must comply with Entire building being
major alteration or must be permitted all development standards constructed or altered or
repair that is uses, conditionally and site planning repaired must comply with
voluntary permitted uses, or standards in accordance the City's current building
temporary permitted with this title, except that code and relevant sections
uses, in accordance the lot does not have to of the California Building
with this title comply with the building Standards Commission.
setback requirements in
§ 17.22.080(C), "Building
setback," so long as the
new construction does not
encroach into the building
setback area.
Major alteration or Uses permitted on the If improvements have not Entire building being
repair that is due to lot on the date of the commenced within 1 year altered or repaired must
force majeure force majeure event of the force majeure event, comply with the City's
may continue the lot must comply with current building code and
all development standards relevant sections of the
and site planning California Building
standards in accordance Standards Commission.
with this title, or, if none
exist for such use, then as
required by a conditional
use permit.
Further, if construction
commences within 1 year
of the force majeure event,
then the building may be
constructed as it existed
prior to the event, except
that no portion of the
building shall be
constructed within any
street right-of-way as
shown on the Master Plan
of City Streets.

(Prior code § 26.5.3-2; Ord. 1293 § 8, 2023)