§ 16-3

The following development projects are subject to Site Plan Review:

(a)

All developments within a Planned Unit Development;

(b)

All development and/or physical expansion of a use and/or building within all Commercial, Industrial, or Mixed Use District;

(c)

All new residential development, including tract developments, an individual single family dwelling or multi-family dwellings;

(d)

Physical expansion of an existing use and/or building within a Residential District, exclusive of accessory structures added to an existing single family dwelling that do not add habitable space or attached additions to the primary dwelling unit that do not add a kitchen;

(e)

All development and/or physical expansion of a conditional use within the Public and Civic District;

(f)

Other projects, which, in the opinion of the City Manager or his/her designee, require such level of review prior to issuance of a building permit or adoption of a zone change.

(Ord. No. 2318, § 2, 2-3-15; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-3.01.030: - Scope of review

Where Site Plan review is required for a use or a structure under the provisions of this Article, the following aspects of the project are to be reviewed by the Zoning Administrator and the Planning Commission if applicable:

(a)

The location of the site in relation to location of buildings on adjoining sites, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located;

(b)

The degree to which the proposed development will complement and/or improve upon the quality of existing development in the vicinity of the proposed project and the extent to which adverse impacts to surrounding properties will be minimized;

(c)

The effect of the proposed project on surrounding uses, including ensuring minimum disruption to such uses;

(d)

Whether the development standards set forth in the Development Code have been satisfied;

(e)

Whether the design guidelines set forth in the Development Code have been substantially met;

(f)

One or more of the development standards required by Title 16 may be eliminated by the Planning Commission where the following findings are made:

(1)

The elimination of the requirement is not injurious to the public health, safety and welfare, and

(2)

Based upon characteristics of the site, the elimination of the development standard will have no adverse effect on surrounding properties;

(g)

In the event a development standard is eliminated, the elimination shall apply only to the use as submitted as part of the site plan approval, any future expansion or modification of the use will invalidate the eliminated development standard, the necessity for which will be reviewed at the time of any subsequent application.

Sec. 16-3.01.040: - Application filing requirements

An application for Site Plan Review shall be filed with the Development Department on the prescribed application form and shall be accompanied by the following:

(a)

A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;

(b)

Maps, drawings, site plans, building elevations, proposed colors and building materials, summary tabulations and other documents and information required on the standard City application form to describe the project adequately;

(c)

Required fee(s).

Sec. 16-3.01.050: - Zoning Administrator action

The Zoning Administrator shall have the power and duty to review and make decisions on development or improvements that occur on existing developed sites, unless otherwise specified per Section 16-3.08.090, entitled Single Family Design Guidelines. The Zoning Administrator will also review site plans for substantial conformance with Planning Commission approved plans. The Zoning Administrator may allow modifications to the approved plans as authorized by resolution of the Planning Commission only if the change is equal or superior to the originally approved plan. The Zoning Administrator shall have the discretion to refer an application to the Planning Commission due to its complexity, size, intensity, impacts, location, or for any other reason deemed necessary and the application shall be assessed the appropriate fees.

(Ord. No. 2318, § 2, 2-3-15)

Sec. 16-3.01.060: - Planning Commission action

The Planning Commission shall receive, review and make a determination on every application for approval of a site plan, unless otherwise reviewed by Zoning Administrator.

Sec. 16-3.01.070: - Effective dates

The action authorizing a site plan or disapproving the same shall be effective ten days after the date of such action, unless a notice of appeal is filed pursuant to Chapter 2 Article 2 of this Title.

Sec. 16-3.01.080: - Lapse of approval

An adopted site plan shall lapse and be void unless the use is established, or plans have been submitted and accepted by the building division for building permit processing within thirty-six months of the date of the final action of approval. Building permits shall remain active or the entitlement will lapse and be void if the building permits expire after the initial thirty-six month approval period has passed.

(Ord. No. 2410, § 2, 7-21-20)

Sec. 16-3.01.090: - New applications

Following the denial of any application for Site Plan Review, no application for the same or substantially the same approval shall be filed within one (1) year after the date of denial.

Article 2: - Conditional Use Permits

Certain uses, referred to in this Title as conditional uses, are declared to possess characteristics which require special appraisal by the Planning Commission or Zoning Administrator in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. A Conditional Use Permit is revocable, may be granted subject to conditions, or may be denied.

Sec. 16-3.02.020: - Application filing requirements

An application for a Conditional Use Permit shall be filed with the Development Department on a standard application form and accompanied by the following information:

(a)

A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;

(b)

Maps, drawings, plans, tabulations and other documents required on the standard City application form to describe the project adequately;

(c)

Required fee(s).

Sec. 16-3.02.030: - Zoning Administrator action

The Zoning Administrator shall have the power and duty to review and make decisions conditional uses that take place on existing developed sites and modifications to established conditional uses. The Zoning Administrator shall have the discretion to refer an application to the Planning Commission due to its complexity, size, intensity, impacts, location, or for any other reason deemed necessary and the application shall be assessed the appropriate fees.

The Planning Commission shall receive, hear and decide every application for a conditional use, unless otherwise reviewed by the Zoning Administrator. Each decision by the Planning Commission granting a Conditional Use Permit shall be adopted by a resolution, including the required findings prescribed in this article.

(Ord. No. 2299, 6-18-13, eff. 7-18-13)

Sec. 16-3.02.050: - Hearing body action

The hearing body, the Planning Commission, or Zoning Administrator, may grant an application for a Conditional Use Permit as it was applied for, or in modified form, if, on the basis of the application and the evidence. The Planning Commission or Zoning Administrator may impose reasonable and appropriate conditions on the approval of Conditional Use Permits in order to assist in achieving the purposes of the Development Code and to justify making necessary findings. The hearing body shall find that:

(a)

The proposed location of the conditional use is in accord with the objectives and requirements of the Development Code;

(b)

The proposed location of the conditional use and the conditions under which it will be operated is consistent with the General Plan and will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity;

(c)

The traffic generated by the proposed conditional use will not overload the capacity of the surrounding street system and will not create a hazard to public safety;

(d)

The proposed conditional use will comply with each of the applicable provisions of this Chapter.

Sec. 16-3.02.060: - Effective dates

The action authorizing a conditional use or disapproving the same shall be effective ten days after the date of such action, unless a notice of appeal is filed pursuant to Chapter 2 Article 2 of this Title.

Sec. 16-3.02.070: - Lapse of Conditional Use Permit

Unless a different period of time is specified among the conditions of approval, the authorization of a conditional use shall lapse and be void three years after the date of final approval, when processed in conjunction with a site plan, unless plans have been submitted and accepted by the building division and are actively being processed. Those conditional uses not processed in conjunction with a site plan shall lapse and be void one year after the date of final approval, unless the use is established or plans have been submitted and accepted by the building department and are actively being processed. However, upon application to the planning department, an extension not to exceed ninety days may be granted by the Zoning Administrator based upon reasonable circumstances. Once established, a conditional use shall not be considered abandoned unless a period of six months has elapsed since the use ceased operation.

(Ord. No. 2410, § 2, 7-21-20)

Sec. 16-3.02.080: - Expiration

A Conditional Use Permit shall apply only to the use and location which was the subject of the application. The Conditional Use Permit shall expire upon change of use or change of location.

Sec. 16-3.02.090: - Revocation: Termination of use

Upon a violation of any provision of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the conditions or if the use has become a nuisance, the Zoning Administrator shall serve the property owner and occupant (if different from the property owner) with a "Notice of Commencement of Revocation Proceedings", which may include a "Notice of Suspension of a Conditional Use." The Planning Commission shall call a public hearing within sixty (60) days from the date of notice in accordance with Chapter 2 Article 5 of this Title. If the Planning Commission determines that conditions of the Conditional Use Permit have been violated, the Commission shall make the following findings:

(a)

That the Conditional Use Permit contains certain conditions that are not being complied with on a certain date or within a period of time;

(b)

That the failure to comply with the conditions was done knowingly and intentionally or with reckless disregard of the requirements for compliance or, if not knowingly or intentionally or with reckless disregard, the failure to comply was not cured by the date of the hearing.

Written notice of Planning Commission action, including findings, shall be delivered to the property owner and/or occupant and filed with the City Clerk at least thirty (30) days following the public hearing.

Sec. 16-3.02.100: - New applications

Following denial of an application for a Conditional Use Permit or the revocation of a Conditional Use Permit, no application for a Conditional Use Permit for the same or substantially the same conditional use on the same site shall be filed within one (1) year after the date of denial or revocation of the Conditional Use Permit.

Article 3: - Variances and Minor Deviations

Sec. 16-3.03.010: - Purposes and authorization

Upon application in proper form, the terms of this Title may be modified, and such variances granted as will not be contrary to its general intent or the public interest, where due to special conditions or exceptional characteristics of the property or its location or surroundings, a literal enforcement would result in practical difficulties or unnecessary hardships. The Planning Commission or Zoning Administrator shall receive, consider and take action upon every application for a variance or minor deviation.

Sec. 16-3.03.020: - Application filing requirements

Applications for Variances and Minor Deviations shall be filed with the Development Department on the prescribed form and shall be accompanied by the following:

(a)

A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;

(b)

Maps, drawings, plans, tabulations and other documents required on the standard City application form to describe the project adequately;

(c)

Required fee(s);

(d)

Other information as may be required by the City Manager or his/her designee to explain the need for a Variance or Minor Deviation.

(Ord. No. 2388, § 3, 3-19-19)

The Zoning Administrator shall have the power and duty to review and make decisions on variances that take place on existing developed sites and minor deviations. The Zoning Administrator shall have the discretion to refer an application to the Planning Commission due to its complexity, size, intensity, impacts, location, or for any other reason deemed necessary and the application shall be assessed the appropriate fees.

Sec. 16-3.03.040: - Planning Commission action—Variances

A public hearing before the Planning Commission with notice given pursuant Chapter 2 Article 5 of this Title shall be held upon every application for a variance. The Commission shall act upon every variance brought before it within a reasonable time.

Sec. 16-3.03.050: - Required findings for variances

The Planning Commission or the Zoning Administrator may grant a Variance from the requirements of this Victorville Municipal Code when there are specific physical requirements that distinguish the site from its surroundings; and that these unique circumstances would create an unnecessary hardship for the applicant/owner if the usual zoning standards were imposed. To grant a variance, the Planning Commission or the Zoning Administrator must make the following findings:

(a)

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict and literal application of the zoning ordinance deprives the property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification;

(b)

Any variance granted shall be subject to conditions that will assure the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district where the property is located;

(c)

The variance shall not authorize a use or activity which is not otherwise specifically allowed by the zoning regulations of the district in which the property is located.

(d)

The granting of the variance will not be inconsistent with the General Plan.

(Ord. No. 2326, § 1, 1-20-15)

The Zoning Administrator may approve minor deviations to the regulations as contained in this Title as specified below. The required filing fee and submittal of certified public notice documents including two sets of mailing labels and a radius map shall be required for minor deviation applications. The Zoning Administrator shall find that the deviation requested results from a unique situation and will not be injurious or detrimental to the health, safety and welfare of the public. After notifying the applicant and owners of adjacent property of the final date that written protests or comments may be filed with the development department, the Zoning Administrator shall consider and take action on such applications. The decision of the Zoning Administrator shall be subject to appeal to the Planning Commission pursuant to Chapter 2 Article 2 of this Title. This procedure shall apply exclusively to cases where the deviation sought is limited to:

(a)

A reduction in lot size or the dimension of any property line or yard not exceeding ten percent of the requirement;

(b)

An increase in the percentage of lot coverage by not more than one-tenth of the specified percentage;

(c)

An adjustment by not more than ten percent in the number of parking spaces required;

(d)

Any adjustment in the height of a fence, unless otherwise regulated by this Title.

In granting an application for a Variance or Minor Deviation, the hearing body may impose any condition or conditions it deems reasonable and appropriate to achieve the purposes of this Article and to justify required findings.

Sec. 16-3.03.080: - Lapses of Variances and Minor Deviation

A Variance or Minor Deviation which is not part of an approved site plan pursuant to Article 1, shall lapse and become null and void one (1) year following the effective date of the Variance or Minor Deviation. A Variance or Minor Deviation which is part of an approved site plan shall become null and void two (2) years following the

effective date of the Variance or Minor Deviation, unless prior to the expiration date a building permit is obtained and construction commenced and diligently pursued towards completion, or a certificate of occupancy is issued.

A Variance or Minor Deviation granted subject to a condition or conditions shall be revoked by the Zoning Administrator or the Planning Commission if the condition or conditions are not complied with; provided, however, the Zoning Administrator or Planning Commission shall hold a public hearing prior to a revocation.

Sec. 16-3.03.100: - New applications

Following denial or revocation of a Variance or Minor Deviation, no application for the same or substantially the same Variance or Minor Deviation on the same or substantially the same site shall be filed within one (1) year after the date of denial or revocation.

Article 4: - Temporary Use Permits

Sec. 16-3.04.010: - Purpose

Temporary Use Permits allow for the short-term placement of temporary uses, as identified in Article 7 of this Chapter, on private property with appropriate reviews and conditions to ensure compatibility with surrounding uses.

Sec. 16-3.04.020: - Application filing requirements

Applications for special events (including but not limited to parking lot sales, tent revivals, Christmas tree sales) shall be submitted at least fifteen (15) days prior to the commencement of the event. Applications shall be filed with the Development Department on the prescribed form and must be accompanied by the following:

(a)

A site plan and/or building elevations as well as a full description of the proposed use, including days and hours of operations, number of employees, provisions for off-street parking;

(b)

Required fee(s).

Sec. 16-3.04.030: - Review procedures

The Development Department shall refer the application and all accompanying plans, drawings and other documents to affected City Departments and other affected agencies as deemed appropriate. A valid business license shall be obtained for parking lot sales, Christmas tree and pumpkin sales and similar uses prior to issuance of a Temporary Use Permit.

Sec. 16-3.04.040: - Approval and findings

The Zoning Administrator or designee may approve or conditionally approve a Temporary Use Permit when all of the following findings can be made in an affirmative manner:

(a)

The operation of the requested use at the proposed location and within the requested time frame will not jeopardize, endanger, or otherwise constitute a detriment to the public health, safety or general welfare;

(b)

The proposed site is adequate in size to accommodate the proposed temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

(c)

The proposed use is adequately served by streets and highways having sufficient width and improvements to accommodate the type and quantity of traffic that the temporary use will or could reasonably generate;

(d)

Adequate parking to accommodate vehicular traffic to be generated by the use will be available.

Sec. 16-3.04.050: - Conditions of approval

In approving an application for a Temporary Use Permit, the Zoning Administrator or designee may impose conditions deemed necessary to ensure that the Permit will be in accordance with the findings as required by Section 16-3.04.040. Conditions may involve any pertinent functions affecting the operation of such temporary event or use, and may include but are not limited to:

(a)

Provision for temporary parking facilities, including vehicular ingress and egress;

(b)

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gasses and heat;

(c)

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

(d)

Provision of sanitary and medical facilities;

(e)

Provision for solid, hazardous and toxic waste collection and disposal;

(f)

Provision for security and safety measures;

(g)

Regulation of signs;

(h)

A requirement that the approval of the requested use is contingent upon compliance with all other applicable provisions of the Municipal Code;

(i)

Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Article.

Sec. 16-3.04.060: - Condition of site following temporary use

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use and shall thereafter be used pursuant to the provisions of the Development Code.

Sec. 16-3.04.070: - Revocation

A Temporary Use Permit may be revoked or modified by the Zoning Administrator if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in Section 16-3.04.040 can no longer be made;

(b)

That the Temporary Use Permit was obtained by misrepresentation or fraud;

(c)

That one or more of the conditions of the Temporary Use Permit have not been met;

(d)

That the use is in violation of any statute, ordinance, law or regulation.

Article 5: - Nonconforming Uses, Structures, Sites and Signs

Sec. 16-3.05.010: - Purposes

Nonconformance provisions are established:

(a)

To bring all uses, structures, sites and signs into conformance with the developmental requirements and design guidelines in the Code;

(b)

To limit the occurrences and extent of nonconformance by prohibiting expansion, intensification, reinstatement, alteration, restoration after destruction, and reestablishment after abandonment; and

(c)

To gradually phase out nonconforming uses, structures, sites and signs.

(a)

Nonconforming uses, structures, signs and lots may be maintained, expanded, altered and/or abated only in accordance with the provisions of this Article.

(b)

Any Designated Historic Landmark, contributing structure within a Designated Historic District, or any property listed on the California Register of Historical Resources or National Register of Historic Places, shall be exempt from the provisions of this Article with respect to the restoration and maintenance of structures.

A use which lawfully occupied a building or land at the time an ordinance codified in this Development Code became effective, and which does not conform to the use regulations of the zoning district in which it is located, is deemed a "nonconforming use." A nonconforming use may continue, subject to the following:

(a)

Discontinuation of use.

(1)

Loss of legal nonconforming status. If a legal nonconforming use is discontinued for a period of 90 or more consecutive days, regardless of the owner's intent, it shall lose its legal nonconforming status and the use of the property shall be required to conform to all provisions of this Development Code.

(2)

Reestablishment of nonconforming use. No nonconforming use shall be reestablished unless first approved by the Planning Commission pursuant to Article 2 of this Chapter, entitled "Conditional Use Permit" and providing the building in which a nonconforming use was established has not been subsequently occupied by a conforming use. In granting the reestablishment of a nonconforming status, the Planning Commission shall find that the nonconformity will not be injurious or detrimental to the public heath, safety and welfare and may attach reasonable conditions and restrictions to the request, in addition to those required by this Development Code, which will ensure that the use:

(i)

Will not endanger the public health, safety or general welfare;

(ii)

Will not injure the value of adjoining or abutting property;

(iii)

Will not result in any significant environmental impacts; and

(iv)

Will be in harmony with the area in which it is located.

(b)

Change in ownership, tenancy or management. A change in ownership, tenancy or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use did not discontinue pursuant to the preceding Section (Loss of legal nonconforming status) or the type of use and/or intensity of use does not change.

(c)

New development. New development on any lot or parcel upon which a legal nonconforming use exists shall require that all uses on the property conform to the provisions of this Development Code.

(d)

Intensifications, alterations and expansions of use.

(1)

A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of any structure or property that it did not occupy prior to the creation of the nonconformity.

(2)

A structure fully or partially occupied by any nonconforming use shall not be moved, altered or enlarged, unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use.

(3)

A nonconforming use shall not be intensified in such a way as to increase the discrepancy between existing conditions and the standards set forth in this Development Code.

(4)

The Planning Commission, pursuant to Article 2 of this Chapter, entitled "Conditional Use Permit", may approve the intensification, alteration and expansion of a nonconforming use, provided said intensification, alteration or expansion will not be injurious or detrimental to the public health, safety and welfare.

(e)

Abatement of nonconforming uses. Nonconforming uses shall be abated as follows:

(1)

A use that is nonconforming because of an operation or process which poses a threat to the public health, safety, or welfare, as determined by the Building Official, and which fails to discontinue such operation or process or to fully mitigate the hazard involved shall be discontinued upon the issuance by the City of a cease and desist order;

(2)

A use that does not occupy a structure or which occupies a structure having an assessed valuation of less than $2,500 and which causes a public or private nuisance, shall be discontinued within 5 years from the effective date of the ordinance codified in the Development Code; and

(3)

A use that has been abandoned shall comply with subsection (A) of this Section.

(4)

Every nonconforming use shall be terminated within 20 years after the use became nonconforming, as directed by the City Council when found to be injurious or detrimental to the public health, safety and welfare.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

A structure lawfully existing at the time an ordinance codified in this Development Code became effective, any portion of which does not comply with the requirements of the zoning district in which it is located, including setbacks, separations, height and design, is deemed a "nonconforming structure." A nonconforming structure may continue to exist, subject to the following:

(a)

Damage or destruction.

(1)

A nonconforming structure that is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure, may be reconstructed up to the original size, placement and density, provided that total cost of such reconstruction does not exceed more than 50 percent of the structure's fair market value. The structure may be restored and the nonconforming use may be resumed, provided that restoration is started within 12 months and diligently pursued.

(2)

In the event that the cost of repairing such damage exceeds 50 percent of the fair market value of the structure prior to such damage occurring, the structure may be reconstructed up to the original size, placement and density, subject to the following:

(i)

The Planning Commission, at a duly noticed public hearing, must find that continuing the nonconforming use will not result in an annoyance to and/or reduction of any surrounding property. A public hearing and Planning Commission finding shall not be required for a parcel of land that is designated for a residential land use by the General Plan and contains a single-family dwelling;

(ii)

The extent of damage or partial destruction shall be based upon a comparison of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction with its value at the time the structure was damaged or partially destroyed. Estimates for such purpose shall be made by or reviewed by the Building Official;

(iii)

The restoration is commenced within 12 months and diligently pursued to completion; and

(iv)

Nothing in this Section shall be construed to permit the continuation of conditions that will endanger the health, safety and welfare of building occupants or the residents of the area, or which constitute a public or private nuisance.

(3)

A multiple family dwelling or development that has been involuntarily damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or by public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure may be reconstructed up to the original size, placement and density, except a multiple family dwelling or development which has been abandoned for a period of 90 or more consecutive days prior to being involuntarily damaged or destroyed, or a multiple family dwelling or development constituting a public nuisance prior to being involuntarily damaged or destroyed may not be reconstructed unless the structure is made to comply to all provisions of the Development Code.

(b)

Alterations and expansion.

(1)

A nonconforming structure shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by the zoning district in which the structure is located, excepting alteration and/or enlargement to a single-family dwelling conducted pursuant to subsection (g) of this Section (Nonconforming single-family residential structures).

(2)

Within residential zoning and land use districts, necessary repairs and desirable alterations, as deemed appropriate by the Planning Director, may be made to legal nonconforming residential structures.

(3)

Within nonresidential zoning and land use districts, reasonable repairs and alterations may be made to nonconforming nonresidential structures, provided that no structural alterations shall be made which would prolong the life of supporting members of a structure, such as bearing walls, columns, beams or girders. Structural elements may be modified only if such modification or repair is immediately necessary to protect the public health and safety, occupants of the legal nonconforming structure, or adjacent property, as determined by the Building Official. The total cost of such repairs or alterations may not exceed 50 percent of the replacement cost of the nonconforming structure. However, improvements required to reinforce an unreinforced masonry structure shall be permitted without replacement cost limitations, provided that such retrofitting is strictly limited to compliance with current earthquake safety standards.

(c)

Interior Modifications. Changes to interior partitions or other nonstructural improvement(s) and repair(s) may be made to nonconforming structures provided that, over any consecutive five year period, the total cost of the

desired improvement(s) or repair(s) does not exceed 50 percent of the replacement cost of the structure. For the purpose of these provisions, the replacement cost shall be determined by the City Manager or his/her designee.

(d)

New Structures. Any new structure constructed on a lot or parcel with an existing legal nonconforming structure shall be constructed in conformance with all applicable provisions of this Chapter. However, in no case may a new nonresidential structure be constructed on the same lot as an existing legal nonconforming residential structure.

(e)

Abatement of nonconforming structures posing a threat to the public health, safety and general welfare. A structure which is nonconforming because of a violation or deficiency that poses a threat to the public health, safety or general welfare, as determined by the Building Official, and which fails to resolve, repair or improve such, or to fully mitigate the hazard involved, shall be abated, condemned or demolished upon the issuance by the City of a nuisance abatement, condemnations or demolition order.

(f)

Conversion of nonconforming residential structures located within industrial zoning districts. A nonconforming residential structure located within an industrial zoning district shall not be converted to accommodate an industrial land use.

(g)

Nonconforming single-family residential structures. In addition to the requirements of subsections (a) through (f), above, nonconforming single-family residential structures shall be subject to the following:

(1)

None of the provisions of this Chapter shall require the termination, discontinuance or removal or so as to prevent the expansion, modernization, repair, maintenance, alteration, reconstruction or rebuilding and continued singlefamily residential use of buildings intended for such, located within a residential district, and deemed nonconforming solely due to current zoning regulations, and provided that any alteration or enlargement shall itself be fully conforming;

(2)

A single-family dwelling with a nonconforming side yard setback, which is added to, extended or enlarged, may continue such nonconforming setback, provided that the addition, extension or enlargement maintains a side yard setback equal to or greater than the existing side yard setback, but no less than 5 feet, and is no greater than 15 feet in height.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-3.05.050: - Nonconforming signs

A sign lawfully existing at the time an ordinance codified in this Development Code became effective, any portion of which does not comply with the requirements of Article 22 (Signs) of this Chapter, is deemed a "nonconforming sign." A nonconforming sign may continue to exist, subject to the following:

(a)

A sign which presents a hazard to public safety, as determined by the City, shall be removed upon the issuance of a cease and desist order by the City;

(b)

A nonconforming sign may not be altered, enlarged, extended, or moved, except in conformity with the requirements of Article 22 (Signs) of this Chapter, or as otherwise required by law;

(c)

Where a use or a structure associated with a nonconforming sign is abandoned or discontinued, any sign associated with a new use of the site shall be in full conformity with the requirements of Article 22 (Signs) of this Chapter; and

(d)

A nonconforming sign that is destroyed by any means, to the extent of greater than 50 percent of its replacement value as determined by the Building Official, may be restored and the nonconforming sign resumed, provided that restoration is started within 12 months and diligently pursued to completion, and provided further that the Zoning Administrator, after holding a duly noticed public hearing, finds that continuing the nonconforming sign will not result in an annoyance to and/or reduction of any surrounding property.

(e)

In considering whether the nonconforming sign results in annoyance to and/or reduction of any surrounding property, the Zoning Administrator shall consider the following:

(1)

The number of additional nonconforming signs on the property;

(2)

Whether the nonconforming sign(s) impede visibility toward other conforming signs on this and adjacent properties;

(3)

The extent to which the nonconforming sign(s) contribute to sign clutter in the surrounding area; and

(4)

The extent to which such nonconforming sign(s) provide the property and/or use with its only means of identification.

(a)

A lot or parcel that is not in compliance with the site development standards prescribed by the regulations of the zoning district in which the lot or parcel is located, including area, coverage, configuration, dimensions, parking, landscaping, screen walls, fences and enclosure trash receptacles, is deemed a "nonconforming site," provided such lot or parcel was lawfully created and existing at the time the ordinance codified in this Development Code, which created the nonconformity, became effective.

(b)

A lot or parcel that is nonconforming as to minimum area or dimension shall be granted all development rights and uses of the zoning district within which it is located.

(c)

A lot or parcel that is nonconforming as to landscaping, parking standards, screen walls, fences and enclosure of trash receptacles, shall be altered to comply with the district regulations covering the subject standards:

(1)

As a condition of any subsequent site plan or Conditional Use Permit approval; or

(2)

Within 20 years after the site became non-conforming, as directed by the City Council when found to be injurious or detrimental to the public health, safety and welfare.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.05.070: - Abatement of nonconforming uses, structures, signs and sites

Whenever a use, structure, site or sign becomes nonconforming because of a change of zoning district boundaries or a change of the regulations prescribed for the district in which the site is located, the period of time prescribed in this Code for the abatement period for the elimination of the use, the removal of the structure or sign, or the improvement of the lot or parcel shall begin on the effective date of the change of district boundaries or regulations.